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Offence -Mah Non-biodegradable Garbage (Control) Act

September 13, 2025 legaldeli

Judgment dated 4.8.2025 of the High Court of Bombay in Criminal Application No.112 of 2022 of Metro Cash & Carry India Private Limited and another Vs. Maharashtra Pollution Control Board and another

Section 9[1][c] & 12 of the Maharashtra Non-biodegradable Garbage (Control) Act, 2006.

On 8.8.2018, during the visit to the premises of the accused no.1, objectionable plastic bags were found. Compounding charges of Rs.5,000/- were paid treating it as first offence.

Again on 15.7.2019, similar objectionable plastic bags were found and the compounding charges of Rs.10,000/- were recovered as second offence.

Again on 27.7.2019, the Officer of Pollution Control Board and the Inspector of MCGM found objectionable plastic bags. This was treated as third offence and complaint was filed in the Metropolitan Magistrate Court, Borivali.

HELD that the conviction contemplated under Section 9(1) has to be by the Court even for the purposes of payment of fine for first and second offence. Moreover, sub-section (3) of Section 12 of the Act treats the compounding as an acquittal and therefore, payment of compounding charges cannot be treated as a conviction by the Criminal Court.

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