1 appln 81 of 2011 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.81 OF 2011 The Maharashtra Pollution Control Board .. Applicant. -versus M/s Pudumjee Pulp and Paper Mills Ltd and 3 ors .. Respondents. Smt. Sharmila Deshmukh, for the Applicant. Mr. Shirish Gupte, Senior Counsel a/w Subodh Desai, i/b Kanga and Co. for respondent Nos 1, 2, 3 and 4. Mrs. M.M. Deshmukh, APP for the Respondent State. CORAM: R.C. CHAVAN, J. DATED: 8th August, 2011 P.C. 1. Heard learned counsel for the applicant, learned counsel for the respondents and learned Additional Public Prosecutor for the State. 2. This is an application for leave to file appeal, against acquittal of the respondent Nos 1 to 4, rendered by learned Sessions Judge, Pune, reversing the conviction recorded by the learned Chief Judicial Magistrate, Pune, for the offence punishable under Section 41, 43 and 45A of the Water (Prevention & Control of Pollution) Act, 1974. 3. The learned Judge had held that there was no authority to the person to file complaint on behalf of the Board. Learned counsel for the applicant submits that there is 2 appln 81 of 2011 a resolution of the Board authorising Sub Regional Officer to file complaint. It is not necessary that the Board must authorise a particular individual to file complaint. A general autorisation may not be bad. Learned Judge also held that one S.D. Dalvi who was present at the time of taking samples could not have been authorised by the Company to give consent against the mandatory provisions of the Act. However, the statements of accused under Section 313 of the Code of Criminal Procedure, do not show that accused at the relevant point of time, questioned authority of Dalvi to represent company. In any case this would require examination and hence leave granted. Appeal admitted. Call for Record and Proceeding. Since respondents are represented by M/s Kanga & Company, action under Section 390 of Code of Criminal Procedure is not required. (R. C. CHAVAN, J.)