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Judgment
Rengasamy, J.—These three petitions have been filed u/s 482 Cr.P.C. to quash the proceedings viz., C.C. 632/89, 636 of 1989 and 637 of
1989 on the file of Judicial Magistrate, Tambaram for the offence u/s 26 of the Water (Prevention and Control of Pollution) Act, 1974. The
Member Secretary, Tamil Nadu Pollution Control Board, Madras-4, is the complainant in all these three cases, before the learned Magistrate
against these petitions. The allegations in the complaints are that these revision petitioners who are occupier of the factory premises, are discharging
sewage affluent of the factory, causing or likely to cause ""Pollution"" without obtaining sanction for the discharge of the affluent. It is also alleged that
inspite of notification in the Official Gazatte dated 12-3-1984, these accused did not apply on or before 31-5-1984 for the consent of the Board
as contemplated u/s 26 of the above said Act and as they have contravened the provisions of Section 26 of the Act, they are liable to be punished
u/s 44 of the Act. In the petition to quash the proceedings before the learned Magistrate, it is stated that the complainant had not taken sample of
the sewage or trade affluent for the purpose of analysis to find out whether this will cause pollution and the provision of Water (Prevention and
Control of Pollution) Act, 1974, has no application to the State of Tamil Nadu and the proceedings initiated against the partners is not
maintainable.
Learned counsel appearing for the petitioners Mrs. Karpaga Vinayagam in the course of the argument conceded that the grounds mentioned in
the petition are not arguable points and therefore, he is not pressing those points put in the complaint, the complainant has not specified the place of
sewage discharge as mentioned in the Act viz., either in stream or well or sewerage or on Land and therefore, without specifying the place of
discharge the complaint for the offence u/s 26 of the above said Act is not maintainable. Learned counsel also refers to a decision of this Court in
K. Asokan v. Subash, Regional Officer, Tamil Nadu Pollution Control Board, Tirunelveli-2, reported in 1991 1 MWN (Cri) 192, wherein Justice
S. T. Ramalingam has considered this question and has held that as Section 26 of the above said Act refers to the place of discharge like stream,
well or sewerage or land, unless these places are specified in the complaint, it cannot be taken that there is violation of the provisions of the Act
and therefore, in the absence of any such place, the complaint with vague language, is not maintainable. In this complaint also filed by the
complainant, the extract of Section 26 is repeated and thereafter, it is stated that the occupier in relation to the factory/premises having control over
the affairs of the factory, are discharging the sewage, trade affluent of the factory causing or likely to cause pollution without obtaining sanction
from the Board. It is not specified in the complaint actually where the sewage or trade affluent is discharged. Learned Government Advocate
(Criminal Side) would concede that there is no mention of specific place of discharge, in the complaint and therefore, under the Old Act, unless
place is specified it will not attract the penal section of the Act. Therefore, applying the above decision of this Court. I feel that the complaint of the
respondent is not maintainable and the same is liable to be quashed.
In the result, all these three revision petitions are allowed and the proceedings viz., C.C. No. 632 of 1989, C.C. 636 of 1989 and C.C. 637 of
1989 on the file of Judicial Magistrate, Tambaram are hereby quashed.
Petition allowed.