PRAYER
Criminal Revision Petition has been filed under Section 397 r/w 401 of Cr.P.C., to call for the records and to set aside the order of the learned the learned Judicial Magistrate Court, Alangulam, Tenkasi District, dated 02.08.2023 in Cr.M.P.No.4751 of 2023.
Facts
The petitioner filed a case against the respondent and other accused for the offence under Sections 294(b), 353, 506(ii), 269 & 270 IPC r/w Rule 4 of the Bio-medical Waste Management Rules, 2016 and Rule 8 of Plastic Waste Management Rules, 2016, with the allegation that on 27.05.2023 at 3.30 p.m, they transported the bio-medical waste in the vehicle bearing Registration No.KL21U3709 from Kerala State and dumped into the defacto complainant’s village namely, Kuruvankottai in Alangulam-Tirunelveli Road, as against the Rule 8 of the Plastic Waste Management Rules, 2016 and Rule 4 of Bio-medical Waste Management Rules, 2016. The same was questioned by the defacto complainant namely, the Health Inspector. The respondent and other accused criminally intimidated and caused obstruction in discharge of his duties. After ascertaining the transportation of the said bio-medical waste, the defacto complainant seized the vehicle with the help of the public and entrusted the same with the respondent police. Thereafter, the case was registered for the above offences. They also seized the vehicle and produced the same before the jurisdictional Magistrate Court.
2. The respondent, owner of the said vehicle filed the Cr.M.P.No. 4751 of 2023 on the file of the learned Judicial Magistrate, Alangulam under Section 451 of Cr.P.C, to seek the interim custody of the said vehicle. The learned Judicial Magistrate allowed the application vide impugned order, dated 02.08.2023, by imposing condition. Challenging the same, the Inspector of Police filed this revision to set aside the order.
6. This Court has considered the rival submissions made by both parties and perused the records and the impugned order and also the relevant provision of the Bio-medical Waste Management Rules, 2016.
7. The respondent’s vehicle transported the bio-medical waste from the Kerala State and attempted to dump the said waste in a place of Kuruvankottai, Alangulam-Tirunelveli Road on 27.05.2023 at 3.30 p.m. The same was questioned by the village people and the defacto complainant. The defacto complainant is the Health Inspector of the said area. At that time, the respondent and other accused abused the defacto complainant and caused hindrance to the recovery of the said bio-medical waste and abused him and criminally intimidated him. Thereafter, the respondent and other accused were caught by the public and produced before the petitioner herein. The police registered the case for the above offences and seized the bio-medical waste and destructed the same in the Aspetic Systems Bio Medical Waste Management Company at the cost of Rs.2,67,211/-. Thereafter, the respondent’s prayer seeking the interim custody of the vehicle was ordered by the learned trial Judge.
Management of Bio-Medical waste and how to dispose?
8. The bio-medical waste must be properly managed and disposed of to protect the environment as well as the general public, who are at the risk of exposure to bio-medical waste. Considering the health hazard issue relating to the improper management of the bio-medical waste, the Bio-Medical Waste Management Rules, 2016 was introduced. They indirectly recognised the practice of the polluter pay principle. The main object of the Bio-medical Waste Management Rules, 2016 to segregate, transport, treatment and dispose of correctly. The above are as important as patient care.
9. Untreated bio-medical waste shall not be kept stored beyond a period of 48 hours. In said circumstances, transporting the same itself demands iron hand to stop the same. In spite of that restriction, the respondent transported the bio-medical waste with huge quantity and hence, the learned trial Judge committed error in granting the custody of the vehicle to the respondent. The Rule itself specifically prohibits transportation of the bio-medical waste beyond 75 kms from the hospitals. In the said circumstances, the respondent seriously violated the said Rule and transported the bio-medical waste with knowledge that the same would cause hazards to the public and the environment. This type of act should not be encouraged by releasing the vehicle involved. The respondent not only acted contrary to the Bio-medical Waste Rules, 2016 but also against the injunction order passed by the Hon’ble Division Bench of this Court. The learned trial Judge has not considered all the aspects and erroneously passed the impugned order to release the vehicle. Hence, this Court, on the above reasoning, set aside the impugned order dated 02.08.2023.
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Following Indian Council for Enviro-Legal Action v. Union of India – (1996) 5 SCC 281
14. The Hon’ble Supreme Court, in the above case, has also reminded the duty of the High Court to control the degradation of the environment and to stop illegal activities with great responsibilities to ensure the proper implementation of the environmental laws, as per the provisions of the Act.
15. The Hon’ble Supreme Court specifically directed the High Court to monitor the implementation of the provisions of the Pollution Act in order to protect the environment and related health hazards.
Conclusion
18. Accordingly, this Criminal Revision Petition is allowed with the above direction. Consequently, connected miscellaneous petition is closed.
State Rep. by, The Sub-Inspector of Police, Alangulam Police Station, Tenkasi District. (Cr.No.146 of 2023) Revision Petitioner/Petitioner/ Complainant Vs. R.S.Rajeesh .. Respondent / Petitioner / 3rd Accused – Crl.R.C (MD) No.957 of 2023 and Crl.M.P (MD) No.12436 of 2023 – Pronounced on : 15.11.2023 CORAM THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN
https://www.mhc.tn.gov.in/judis/index.php/casestatus/viewpdf/913257
Further study on the subject
Return of property – section 451 – Court & Confiscating Authority roles – Explained
Omission to take photograph of vehicle by the I.O is not fatal in TNPPDL Act
