This appeal under section 378 of CrPC is against an order whereby the accused have been acquitted of the charges under Section 23, 24, 47 read with Section 43, 44 of Water (Prevention and Control of Pollution) Act, levelled against them. The respondent manufactures manufacturing Thalogrin, Pepolosine green pigment and using Aluminium chloride solvent Sodium chloride as raw materials and during the process of manufacturing discharges 15000 litres of trade effluent without proper treatment.
The trial court while considering the oral as well as documentary evidence has clearly observed that the prosecution has not followed the mandatory provisions during the sealing and seizing the sample. The prosecution has failed to prove its case beyond reasonable doubt. Even in the present appeal, nothing is produced or pointed out to rebut the conclusion of the trial Court. Consequent to Boards failure to provide proof beyond reasonable doubt, the court upholds trial courts acquittal. In acquittal appeal, the appellate court is not required to re-write the judgment or to give fresh reasoning, when the reasons assigned by the Court below are found to be just and proper. In the instant case, this Court is in full agreement with the reasons given and findings recorded by the trial Court while acquitting the respondents- accused and adopting the said reasons and therefore the impugned judgment is just, legal and proper and requires no interference by the appellate Court at this stage. The appeal is dismissed.