The Allahabad High Court (Lucknow Bench) has quashed criminal proceedings initiated against the Vice-President (Legal) and Company Secretary of Parle Agro Pvt. Ltd. under the Water (Prevention and Control of Pollution) Act, 1974, holding that no specific role or responsibility was attributed to him in the alleged offence.
The case arose from a complaint filed by the U.P. Pollution Control Board alleging discharge of industrial effluents, pursuant to directions issued by the National Green Tribunal (NGT) in 2018. The applicant was arrayed as an accused and described as the “Occupier” of the factory, primarily on the basis that he had signed certain correspondence with authorities.
The Court noted that under Section 47 of the Act, vicarious liability can be imposed only where there are specific averments showing that the accused was in charge of and responsible for the day-to-day conduct of the company’s business. In the present case, the complaint did not attribute any such role or overt act to the applicant, who was functioning in a legal and secretarial capacity.
Importantly, the Court also relied on ECE Industries Ltd. v. State of Uttar Pradesh, Civil Appeal No(s).10236-10237 of 2018, which set aside the very NGT directions that formed the basis of the prosecution. Since the complaint had been instituted pursuant to those directions, continuation of proceedings was held to be unsustainable.
Accordingly, exercising its inherent powers under Section 482 CrPC, the Court quashed the complaint case and summoning order insofar as the applicant was concerned.
Appearances:
Counsel for Applicant(s) : Veena Vijayan Rajes, Ishan BaghelCounsel for Opposite Party(s) : G.A., Ashok Kumar Verma
