IN THE COURT OF SH. SANDEEP GARG, PLEA BARGAINING 
                    MAGISTRATE, NEW DELHI

CC No. 2243/1
U/s 41/42/43/44 Water (Prevention & Control of Pollution) Act, 1974
Delhi Pollution Control Committee Vs. M/s. Paradise Foam Industries & Anr.

JUDGMENT:

a The date of commission : 19.04.2000 b The name of complainant : Delhi Pollution Control Committee c The name of accused : 1). M/s. Paradise Foam Industries at : K. No. 214, Nangli, Sakarawati, New : Delhi­110 043.

: 2). P.K. Jain, M/s. Paradise Foam : Industries at K. No. 214, Nangli, : Sakarawati, New Delhi­110 043.

d The offence complained of : U/s 41/42/43/44 Water (Prevention & : Control of Pollution) Act, 1974 BRIEF REASONS FOR THE DECISION:

1. The accused P.K. Jain, partner of M/s. Paradise Foam Industries has been summoned to face trial for offence U/s 41/42/43/44 Water (Prevention & Control of Pollution) Act, 1974 with the allegations that on 19.04.2000, he was found operating an industrial unit under the name & style of M/s. Paradise Foam Industries and was discharging 700-800 litres regenerated effluent from softening plant, without treating it, into a drain. He had not completed installation of ETP and discharged untreated effluents without any consent required under the Water Act and thereby committed offences punishable u/s 41/42/43/44 Water (Prevention & Control of Pollution) Act, 1974.

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2. The complaint was filed in the court on 31.05.2000. During the pendency of trial, the accused P.K. Jain, partner of M/s. Paradise Foam Industries filed an application for plea bargaining. Notice was issued to the complainant DPCC and the matter was settled between the complainant DPCC and the accused on 07.06.2011. In terms of the settlement, accused P.K. Jain paid Rs. 55,000/- as compensation to the complainant DPCC.

3. In view of the admission of guilt, accused P.K. Jain, partner of M/s. Paradise Foam Industries is convicted for offence U/s 41/42/43/44 Water (Prevention & Control of Pollution) Act, 1974.

Announced in the open                                                   (Sandeep Garg)
Court on 09.06.2011                                             Plea Bargaining Magistrate
                                                                         New Delhi. 




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                            ORDER ON POINT OF SENTENCE

I have heard Ld. Counsel for complainant, Ms. Jitender Gaba and the Ld. Counsel for convict P.K. Jain, partner of M/s. Paradise Foam Industries on point of sentence. Learned Counsel for convict submits that he is the sole bread earner in his family and has to look after his children. Moreover, the industrial unit was shut down about ten years ago.

Heard. Considering the fact that the matter has been settled between the complainant, convict and the industrial unit was shut down long ago, he is sentenced to fine of Rs. 35,000/­. IDSI for thirty days. Fine deposited. File be sent back to the court of Ld. ACMM­I for consignment to record room.

Announced in the open                                                 (Sandeep Garg)
Court on 09.06.2011                                             Plea Bargaining Magistrate
                                                                      New Delhi. 




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