P&H: Air Pollution Complaint Against Former Director, Says Liability Under Section 40 Attaches Only to Those in Charge at Relevant Time
The Punjab and Haryana High Court has quashed a criminal complaint and summoning order against Krishan Kumar Mawai in a pollution case, holding that a former director cannot be prosecuted unless he was in charge of the company’s affairs when the alleged offence was committed.
The case arose from a complaint filed by the Haryana State Pollution Control Board against M/s Era Infra Engineering Limited and its directors under Sections 37 and 38 of the Air (Prevention and Control of Pollution) Act, 1981. The Board alleged that the company carried out mining operations without the required consent and in violation...
