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Dahyabhai Kaklubhai Solanki vs Mahendra G. Naik & Ors.

Country/Territory
India
Type of court
National - higher court
Date
Oct 30, 2009
Source
UNEP, InforMEA
Court name
High Court of Gujarat
Seat of court
Ahmedabad
Judge
Saiyed, Z.K.
Language
English
Subject
Water, Environment gen.
Keyword
Offences/penalties Water quality standards Freshwater quality/freshwater pollution Enforcement/compliance Liability/compensation
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 prosecution’s failure to provide proof beyond reasonable doubt, the court upholds trial court’s acquittal.
Full text
COU-156015.pdf
Website
www.ielrc.org