A bench headed by Justice Arijit Pasayat, while disposing of the appeal held in favour of the company, said there was nothing to show that the effluent was from the plant. “The evidence of record clearly shows that the effluent was on the way to the solar-evaporation pans for further treatment. The said effluent would never meet the parameters prescribed, as it is yet to be treated,” it said.

The Gujarat Pollution Control Board had filed a complaint against Nicosulf Industries and its directors alleging the company was discharging 10,800 litres of polluted water everyday during production of nicotine sulphate and was using tobacco stuff, lime, kerosene and sulphuric acid as raw materials.

The board had collected sample of polluted water from the industry, which was found to be not conforming to the prescribed standards.

After showcause, the magistrate had convicted all the accused under the Water (Prevention and Control of Pollution) Act, 1974. However, the Gujarat High Court had held in favour of the company holding that the complaint was illegal. The company contended that the sample was collected in breach of provisions of the Act, as the sample was not taken from any over-flown effluent plant.