M/S Golchha Chemicals vs Chhattisgarh Pollution Control ...
2022 Latest Caselaw 1074 Chatt

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                  HIGH COURT OF CHHATTISGARH, BILASPUR

                                         Order Sheet

                              Criminal Revision No. 228 of 2022


       M/s Golchha Chemicals through its proprietor Shri Prakash Golchha, S/o Late Shri
        Kewal Chand Gochha, aged about 68 years (wrongly mentioned as 64 in the years),
        Address 64, Light Industrial Area, Bhilai, R/o. 19/2, Nehru Nagar West, Bhilai, Tehsil
        and District Durg (C.G.)
                                                                               ----- Applicant
                                             versus
       Chhattisgarh Pollution Control Board through Regional Officer, Office-5/32 Bangla,
        Bhilai, Tehsil and District Durg (C.G.)
                                                                           ----- Respondent

25/02/2022 Shri Prosoon Agrawal, Advocate for the applicant.

Shri Yogendra Pandey, Advocate appears on behalf of Shri Animesh Tiwari, Advocate.

Heard on the admission.

The criminal revision is admitted for hearing.

Call for the records of the court below.

Since counsel represents the respondent, therefore, there is no need to

issue notice to the respondent.

Also heard on I.A. No. 1 of 2022, application for suspension of sentence

and grant of bail to the applicant.

This revision has been filed under Section 397 read with Section 401 of

Cr.P.C. against the judgment dated 23.02.2022 passed by the Eight Additional

Sessions Judge, Durg (C.G.) in Criminal Appeal No. 98/2018 whereby the

judgment dated 14.05.2018 passed by the Judicial Magistrate, First Class, Durg,

District Durg (C.G.) in C.I.S. No.25854/1987 has been upheld.

By the judgment dated 14.05.2018, the applicant has been convicted for

the offence punishable under Section 25/44 of Water (Prevention and Control of

Pollution) Act, 1974 & sentenced to undergo R.I. for six months with fine of

Rs.1,000, in default of payment of fine to further undergo R.I. for 30 days.

In this revision petition the applicant apart from the other grounds has also

raised legal issue regarding the authority to file complaint under the law of Act of

Water (Prevention and Control of Pollution) Act, 1974 which is applicable to the

present case and does not permit delegation of power.

Learned counsel for the applicant has filed the entire records/documents of

the courts below in the present revision petition.

Having heard learned counsel for the parties, having regard to the facts

and circumstances of the case, the short jail sentence awarded to the applicant

i.e. six months, he in not previous convict nor has any criminal antecedents, he is

68 years old, entire records of the courts below filed in this present revision

petition, the incident happened on 08.12.1986, the legal issue raised by the

applicant, as mentioned above, is debatable, without commenting anything on

merits of the case, the application (I.A. No. 1/2022) is allowed.

It is directed that the execution of substantive jail sentence imposed upon

the applicant shall remain suspended during the pendency of this revision and he

shall be released on bail on his furnishing a personal bond in the sum of

Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the trial

Court. He shall appear before the Trial Court on 04th April, 2022 and thereafter

continue to appear there on all such dates as are given to him by the said Court till

disposal of this revision.

Certified copy today.

List this matter for final hearing 04.04.2022.

Sd/-

(Gautam Chourdiya) Judge

vatti