Original language
English
Country
India
Date of text
Status
Pending
Type of court
National - higher court
Sources
Court name
High Court of Gujarat
Seat of court
Ahmedabad
Files
Justice(s)
Saiyed, Z.K.
Abstract
The case involves an appeal under section 378 of CrPC against an order whereby the accused have been acquitted of the charges under Section 247 read with Section 43 & 44 of the Prevention and Control of Pollution Act, levelled against them. The factory makes black dyes and effluent in the drainage carries more particulates. Officers of Pollution Control Board have sent water samples to Public analyst and found them sub-standard. Oral and documentary evidence taken by trial court finds prosecution to have not followed the mandatory provisions during seizure. Consequent to prosecutions failure to provide proof beyond reasonable doubt, the court upholds trial courts acquittal.