Gujarat Pollution Control Board vs M/S Nicosulf Indst.& Export ...

The Supreme Court held that under Section 49 of the Water (Prevention and Control of Pollution) Act, 1974, a complaint must be filed by an authorized person, and since the Assistant Environmental Engineer lacked delegated authority, the complaint was invalid. The Court emphasized that the prosecution's structure collapses if the complainant is not competent, leading to the quashing of the conviction under Sections 24, 25, 43, and 44 of the Act. Consequently, the appeal was allowed, and the High Court's judgment was set aside.