U.P. POLLUTION CONTROL BOARD versus MODI DISTILLERY & ORS.

U.P. POLLUTION CONTROL BOARD versus MODI DISTILLERY & ORS.

A combined reading of s. 47(1) and (2) makes it clear that company officials can be prosecuted and deemed guilty for offences under the Water Act even where the complaint had a technical flaw, as long as amendments are allowed to properly arraign the controlling company. The officials, having charge and responsibility, are liable unless they establish lack of knowledge or due diligence, and cannot derive advantage from their own non-cooperation.

Parties
Appellant: U.P. Pollution Control Board; Respondent: Modi Distillery (industrial unit of M/s. Modi Industries Ltd.); Respondent: K.M. Modi; Respondent: K.K. Modi; Respondent: M.L. Modi; Respondent: S.C. Trikha; Respondent: Raghunath Rai
Jurisdiction
India
Judgment Date
06 August 1987
Procedural Posture
Criminal Appeal / Appeal From High Court Order Quashing Proceedings
Outcome
Appeal allowed
Legal Topics
Water Pollution, Corporate Criminal Liability, Vicarious Liability, Industrial Discharge, Drafting of Criminal Complaints
Environmental Law Criminal Law Corporate Law Water Pollution Corporate Criminal Liability Vicarious Liability Industrial Discharge Drafting of Criminal Complaints

Case Brief

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Parties

U.P. Pollution Control Board

Appellant

Modi Distillery (industrial unit of M/s. Modi Industries Ltd.)

Respondent

K.M. Modi

Respondent

K.K. Modi

Respondent

M.L. Modi

Respondent

S.C. Trikha

Respondent

Raghunath Rai

Respondent

Procedural Posture

Criminal Appeal / Appeal From High Court Order Quashing Proceedings

Legal Issues

  1. 1 Whether officials of a company can be prosecuted for offences under Water (Prevention and Control of Pollution) Act, 1974 in the absence of prosecution of the company itself.
  2. 2 Whether the complaint lodged by the appellant Board was defective and could be remedied.

Ratio Decidendi

A combined reading of s. 47(1) and (2) makes it clear that company officials can be prosecuted and deemed guilty for offences under the Water Act even where the complaint had a technical flaw, as long as amendments are allowed to properly arraign the controlling company. The officials, having charge and responsibility, are liable unless they establish lack of knowledge or due diligence, and cannot derive advantage from their own non-cooperation.

Court Disposition

Appeal allowed

Orders

  • Judgment and order of High Court set aside
  • Order of Chief Judicial Magistrate directing issue of process to respondents restored