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It was held by the Delhi High Court that, de-sealing of a polluting unit cannot be a ground to upset a conviction under the Water (Prevention and Control of Pollution) Act, 1974 [Water Act]. This was in a petition challenging a trial court order which had convicted the petitioner, Hem Karan Bhiduri under the Water Act. The petitioner had been convicted under Sections 24 read with Section 43, Section 25 read with Section 44, and Section 33A read with Section 41 of Act. He had been awarded a sentence of one year and six months along with fine.
The Delhi Pollution Control Committee had filed a complaint on the apprehension of which the petitioner was apprehended. The complaint was made after an inspection of the petitioner's unit was carried out by a Vigilance Squad in February 2000. It was alleged that the petitioner’s unit, M/s Anupam Prints, was found to be washing screens used for textile printing and then releasing the trade effluent directly/indirectly into stream/sewer or on land without installing an Effluent Treatment Plant. These acts were done without the approval of the Pollution Control Board. The Committee argued that the non-lifting of water samples was not fatal to the prosecution because the use of the water for screen printing and its discharge into sewage was established from the evidence.All the three complainant witnesses had categorically deposed that the unit was found to be engaged in the activity of textile printing without mandatory consent under the Water Act and without installing an ETP. It was decided that non-lifting of samples of water for analysis was not fatal to the case, as it was evident from the Inspection Report that no effluent treatment plant was installed.The petitioner’s contention was dealt with respect to the unit being allowed to function again by the Court.
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