M.Cr.C.No.8235/2008 (Madhya Pradesh Pollution Control
Board Vs. M/s Gwalior Distillers Limited Rairu and others)
                                1
10.7.2014.
      Petitioner by Shri Harish Dixit, Advocate.
      Heard.
      This application under Section 378 (4) of the Cr.P.C., has
been filed by the petitioner assailing the judgment of acquittal of
the respondents under sections 33, ,  read with sections 47

and 49 of the Water (Prevention and Control of Pollution) Act, 1974 recorded by the Additional Chief Judicial Magistrate, Gwalior in Criminal Complaint No.9858/2008.

Learned counsel for the petitioner submits that the learned Trial Court has not correctly appreciated evidence and material available on record. The learned Trial Court has committed grave error of law in holding that the complaint has not been filed by the competent authority. It is further submitted that the learned Trial Court has committed error in holding that the Industrial Unit is running and discharging effluent under the consent of the complainant Board. The learned Trial Court has also committed an error with regard to sampling procedure and overlooking the provisions of Section 21 of the Act and the evidence in that regard and prayed for grant of leave to prefer an appeal.

I have perused the impugned judgment and copies of the statements of the witnesses R.K. Gupta (CW.1), Sanjeev Kumar Saxena (CW.2) and S.N. Patil (CW.3) along with documents M.Cr.C.No.8235/2008 (Madhya Pradesh Pollution Control Board Vs. M/s Gwalior Distillers Limited Rairu and others) 2 Ex.P.1 to Ex.P.18.

Considering the evidence and material available on record, this application deserves to be allowed and is hereby allowed.

Registry is directed to register the matter under the head of the Criminal Appeal.

This M.Cr.C., is accordingly allowed and disposed of.

(D.K.Paliwal) Judge pawar/-