Factory owner acquitted in pollution norm case

Accused cannot be convicted merely on the basis of his alleged confession. Observing this, Chief Judicial Magistrate, Chandigarh, has acquitted a factory owner in a complaint case registered for violation of pollution norms after the Chandigarh Pollution Control Committee, Chandigarh, (CPCC) failed to prove charges.

The CPCC in the complaint filed before the court said Sunita Jain, proprietor of M/s Sanmati Industries, Hallo Majra, Chandigarh, was running her unit since September, 2005, without obtaining prior consent to operate under Section 21 Air (Prevention and Control of Pollution) Act, 1981, and Sections 25 and 26 of Water (Prevention & Control of Pollution) Act, 1974.

The complainant said during a surprise check the unit was found operational. The accused had applied for consent to operate vide application dated February 15, 2016, wherein she had admitted that the unit was functional since September, 2005, without any consent of the competent authority.

On the basis of the complaint a chargesheet was served on the accused to which the accused pleaded not guilty and claimed trial. The counsel of the CPCC argued that the accused was running the unit since September, 2005, without permission. On the other hand, the counsel of the accused denied all charges.

Counsel for the complainant had argued that the confession document was an admission of the accused, which is the best evidence and an accused is liable to be convicted on the basis of this document.

The court said that this argument is not acceptable, because firstly, this document had not been proved by the complainant as per law, and secondly, there was no document or evidence on the case file, which could corroborate it. Merely, on the basis of the alleged confession of the accused, conviction cannot be made, the court said and added that the complaint was liable to be dismissed. After hearing the arguments the accused was acquitted.

‘Operating without permission’

The CPCC in the complaint filed before the court said Sunita Jain, proprietor of M/s Sanmati Industries, Hallo Majra, Chandigarh, was running her unit since September, 2005, without obtaining prior consent to operate under Section 21 Air (Prevention and Control of Pollution) Act, 1981, and Sections 25 and 26 of Water (Prevention & Control of Pollution) Act, 1974.