Air (Prevention and Control of Pollution) Act, 1991 – Sec.40 – Prosecution – Only persons in charge of the company can be prosecuted.
Proseuction of Deputy Chairman f the company for violating the provisions of the Act is not valid. Chairman of the compay are not persons directly in charge and responsible to the company for conduct of its business as required by law. Nothing on record to connect them directly with the business of the company. Prosecution quashed. [ N.A.Palkhiwala vs M.P.Paradushan Nivaran Mandal. 1990 Crl LJ 1856. Gulab.C.Gupta (J)]