Case Note & Summary
The Gujarat Pollution Control Board (Appellant) filed a criminal complaint against Respondent No. 2 and others for violation of Sections 24 and 25 of the Water (Prevention and Control of Pollution) Act, 1974, punishable under Sections 43 and 44 read with Section 47. The Chief Judicial Magistrate, Surat convicted the respondents on 31.3.2003, sentencing them to one year and six months imprisonment and a fine of Rs. 50,000 each. The respondents appealed under Section 394 of the Code of Criminal Procedure, 1973, and the Fast Track Court No. 7, Surat allowed the appeal on 30.3.2007, setting aside the conviction and sentence on the ground that the sanction for prosecution was invalid. The Appellant challenged this order in the High Court. The High Court examined the validity of the sanction granted by the Chairman of the Board pursuant to a resolution dated 27.11.1984. The Court held that Section 49 of the Water Act read with Section 11A empowers the Board to accord sanction, and the Chairman acting on behalf of the Board is sufficient compliance. The Appellate Court had erred in holding the sanction invalid. The High Court allowed the appeal, set aside the Appellate Court's order, and restored the conviction and sentence imposed by the Trial Court.
Headnote
A) Environmental Law - Water Pollution - Sanction for Prosecution - Section 49 read with Section 11A of the Water (Prevention and Control of Pollution) Act, 1974 - The issue was whether the sanction for prosecution granted by the Chairman of the Pollution Control Board pursuant to a Board resolution dated 27.11.1984 was valid. The Court held that the statutory scheme empowers the Board to accord sanction, and the Chairman acting on behalf of the Board is sufficient compliance. The Appellate Court erred in setting aside the conviction on the ground of invalid sanction. (Paras 7-10, 15-20) B) Criminal Procedure - Appeal against Acquittal - Powers of Appellate Court - Section 378 of Code of Criminal Procedure, 1973 - The High Court examined the scope of appeal against acquittal and found that the Appellate Court had misappreciated the evidence and legal position. The High Court restored the conviction and sentence imposed by the Trial Court. (Paras 21-22)
Issue of Consideration
Whether the sanction for prosecution granted by the Chairman of the Gujarat Pollution Control Board pursuant to a Board resolution is valid under Section 49 read with Section 11A of the Water (Prevention and Control of Pollution) Act, 1974.
Final Decision
Appeal allowed. Impugned order dated 30.3.2007 set aside. Conviction and sentence imposed by Trial Court on 31.3.2003 restored.
Law Points
- Sanction for prosecution under Section 49 of Water Act can be granted by Chairman pursuant to Board resolution
- Section 49 does not require personal satisfaction of Board members
- Appellate court erred in setting aside conviction on ground of invalid sanction
