1997 (9) TMI 627

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....itioner is the original accused no.10 of the complaint given by the Gujarat Pollution Control Board, registered as Criminal Misc. Application No. 58 of 1988 in the Court of JMFC, Gandevi, District Valsad. Alleging that the original accused no.1-Company is committing breach of the Water (Prevention and Control of Pollution) Act, 1974, as the factory has started production either without obtainin....

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....because, he happens to be the Director of the Company, at the relevant time. Ld.APP Shri Mehta, therefore, carried me through the complaint and except for the averment made in para 2, page 16, that the accused nos.2 to 12 are Directors and they are responsible for the management of the accused no.1-Company and that they are responsible officers, there is nothing to implicate the petitioner in t....

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....onsible only because persons like the present petitioner happens to be the Directors if they were to face criminal charges, obviously, this Court will interfere. Coming back to the case of the petitioner, it is quite clear that he was the Director who not the one who could be said to be in charge of the Company and to be responsible for the conduct of the business of the Company. In response....