CR.A/1073/2009

Judgment text excerpt

NEUTRAL CITATION R/CR.A/1073/2009 JUDGMENT DATED: 10/06/2026 2026:GUJHC:38283 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL APPEAL NO. 1073 of 2009 FOR APPROVAL AND SIGNATURE: HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK ========================================================== Approved for Reporting Yes No ========================================================== GUJARAT POLLUTION CONTROL BOARD, RR PANCHAL,ASST.LAW OFFICER Versus VALLABHBHAI K PRAJAPATI, PROPRIETOR OF AMBIKA BRICKS WORKS & ANR. ========================================================== Appearance: MR RUTVIJ S OZA(5594) for the Appellant(s) No. 1 DS AFF.NOT FILED (N) for the Opponent(s)/Respondent(s) No. 1 MS JYOTI BHATT ADDITIONAL PUBLIC PROSECUTOR for the Opponent(s)/Respondent(s) No. 2 ========================================================== CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK Date : 10/06/2026 JUDGMENT 1. The present appeal is filed by the appellant - Gujarat Pollution Control Board (original complainant) under Section 378(4) of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.") against the judgment and order of acquittal dated 29/03/2008 passed by the learned Judicial Magistrate, First Class, Dahegam (hereinafter referred to as "the trial court") in Criminal Case No.595 of 2004, whereby, the learned Trial Judge has acquitted the original accused respondent herein for the offence punishable under Sections 31(A) and 21 of the Air (Prevention Page 1 of 7 Uploaded by () on Downloaded on : Tue Jun 30 22:33:43 IST 2026 NEUTRAL CITATION R/CR.A/1073/2009 JUDGMENT DATED: 10/06/2026 2026:GUJHC:38283 and Control of Pollution) Act, 1981 (for short "the Act"). 2. The brief facts giving rise to the present appeal are that, the appellant - original complainant was serving as Assist