The case involves an appeal under section 378 of CrPC against an order whereby the accused have been acquitted of the charges under Section 247 read with Section 43 & 44 of the Prevention and Control of Pollution Act, levelled against them. The factory makes black dyes and effluent in the drainage carries more particulates. Officers of Pollution Control Board have sent water samples to Public analyst and found them sub-standard. Oral and documentary evidence taken by trial court finds prosecution to have not followed the mandatory provisions during seizure. Consequent to prosecution’s failure to provide proof beyond reasonable doubt, the court upholds trial court’s acquittal.