This is to clarify that the Police cannot register FIR under stringent section 15 of EPA, 1986 without following the due process of law. There is no penal provision in the Noise Pollution (Regulation and Control) Rules, 2000 read Notification No. 7/4/98/STE/DIR-Part-IV/1071 issued by the Department of Environment and Climate Change Government of Goa Action Plan for the police below the rank of SDPO to act on complaints made by citizens. In the case of Glory Club of Anjuna, a complaint was made to the ‘Authority” by the GSPCB, and the District Magistrate could take cognizance of the offence under Section 15 of the Environment (Protection) Act, 1986, read with Noise Pollution (Regulation and Control) Rules, 2000. The District Magistrate upon written information on oath and after any enquiry may think necessary that there is reasonable cause to believe that in any premises or place there is being committed an offence against EPA,1986, the Magistrate may issue a warrant authorizing the Authority, in this case the SP or SDPO, to enter the premises or place and seize the musical equipments or seal the generator set suspected to have been used.
