Delhi District Court
Challan No. 325558 Mcd vs . Rajiv Tyagi Page No.1 Of 5 on 8 February, 2013
Challan No. 325558 MCD Vs. RAJIV TYAGI Page no.1 of 5
IN THE COURT OF SH. GAJENDER SINGH NAGAR
MM(MUNICIPAL 01): KARKARDOOMA COURTS: DELHI
MCD Vs. RAJIV TYAGI
Challan No. 325558
U/s 417/421/397/461of DMC Act.
Zone Shahdara North Zone
Municipal Corporation Of Delhi .............. Complainant
Versus
Sh. Rajiv Tyagi
S/o Late Sh. Balram Singh,
R/o H.No. 713, Gali No.8/A,
Village Mandoli, Delhi93 ............. Accused
Offence complained of U/s 417/421/397/461
DMC Act
Plea of accused Not guilty
Complaint filed on 27.11.2007
Final Arguments heard on 21.01.2013
Date of decision 08.02.2013
Decision Conviction
J U D G M E N T
The case of the prosecution is that on 21.11.2007 at about 01:20 PM at 559/1, Main Sewa Dham Road, Mandoli Gaon, Delhi accused was found running the trade of Dhaba in the name and style of Delhi Hotel Chicken Corner with 40 seats without having Municipal Licence and under unhygienic condition, thus committed an offence punishable U/s Challan No. 325558 MCD Vs. RAJIV TYAGI Page no.2 of 5 417/421/397/461 of DMC Act 1957.
Consequent to the filing of the challan, accused appeared in the court, pleaded not guilty and claimed trial. The prosecution in its support examined two witnesses Sh. J.P. Garg, the challaning Inspector who proved the challan Ex. CW1/1 as CW1 and Sh. Nand Kishore, Assistant Law Officer, Shahdara South Zone as CW2. No other complainant witness was examined and the complainant evidence was closed at request. Thereafter statement of the accused was recorded under section 313 Cr. P.C, wherein he stated that on the date of challan i.e. 21.11.2007 he had the business of Tour & Travels with the name and style of Tyagi Tour & Travels and he used to cook the food at the given address for his drivers and staff only and he was not selling the foods nor running any dhaba at the given address on 21.11.2007. It was also stated by the accused that he want to lead defence evidence. Accused examined himself as DW1. In his cross examination it is submitted by the DW1 that on the date of challan i.e. 21.11.2007 at 01:20 PM at the challaning spot he did not met the PHI J.P. Garg. Sh. Bishamber Dayal Gupta was examined himself as DW2. No other defence witness was examined. Thereafter the matter was fixed for final arguments. I have heard both the parties and perused the file.
Sh. J.P. Garg, the concerned Inspector examined as CW1 had supported the prosecution case in verbatim. It is stated by him in his examination in chief that on 21.11.2007 at about 01:20 PM he inspected the premises bearing no. 559/1, Main Sewa Dham Road, Mandoli Village, Delhi, where he met one Mr. Rajiv Tyagi who was running a Dhaba in the name and style of Delhi Hotel Chicken Corner at the said premises. He asked him to show the MPL licence to run the same but Mr. Rajiv Tyagi told Challan No. 325558 MCD Vs. RAJIV TYAGI Page no.3 of 5 him that he does not have the licence. Thereafter the PHI made the challan U/s 417/421/397/461 DMC Act and handed over a slip to him mentioning the date of presenting the challan before the court. Sh. Nand Kishore, Assistant Law Officer, Shahdara South Zone(CW2) submitted that vide office order dated 18.08.1986(MarkA) he is empowered to present the challans before the court.
The main defences of the accused as put in the suggestion to Complainant witnesses and in statement of accused under section 313 and argument is that he has been wrongly challaned and infact on 21.11.2007 he was not running any dhaba at the given address rather he had the business of tour and travels with the name and style Tyagi Tour & Travels. It is further submitted by him that he used to cooked the food at the given address for his drivers and staff but was not selling the food.
Provisions of law relevant for this case are : Section 417. Premises not to be used for certain purposes without licence. (1) No person shall use or permit to be used any premises for any of the following purposes without or otherwise than in conformity with the terms of a licence granted by the Commissioner in this behalf, namely:
(a) any of the purposes specified in Part I of the Eleventh Schedule; As per part I of Eleventh Schedule eating house comes at entry no. 7. Section 421. Eating houses, etc., not to be used without licence from the Commissioner. (1) No person shall, without or otherwise than in conformity with the terms of a licence granted by the Commissioner in this behalf, keep any eating house, lodging house, hotel, boardinghouse, tea shop, coffee house, cafe restaurant, refreshment room or any place where Challan No. 325558 MCD Vs. RAJIV TYAGI Page no.4 of 5 the public are admitted for repose or for the consumption of any food or drink or any place where food is sold or prepared for sale.
Schedule 12 of DMC Act prescribed fine which can imposed for violation of Section 417, 421and for offence of Nuisance U/s 397 etc. I have heard the both parties, the accused has miserably failed to prove his defence that he was not running any dhaba at 559/1 Sewa Dham Road, Mandoli on 21.11.2007. The following points shows that accused was running a dhaba on 21.11.2007:
a) The challan in question which is dated 21.11.2007 and was filed before the Court on 27.11.2007 which is Ex. CW1/1 clearly shows the name of the dhaba as Delhi Hotel Chicken Corner. DW2 Mr. Bishamber Dayal Gupta have also submitted that the dhaba started by the accused in August 2008 was in the name and style Delhi Chicken Corner. Now a question arises how the MCD inspector came to know on 21.11.2007 the name of the eating house going to be opened by the accused in future i.e. in August 2008. From this fact it is absolutely clear that the accused is making false statement before the Court and infact on 21.11.2007 he was very much running the dhaba otherwise there was no possibility that the Health inspector would have came to know about the name of accused's dhaba. Thus it is clear that the stand of the accused in the present case is not at all reliable.
b) It is also accepted by the accused that on 21.11.2007 food was prepared at the spot. It is also accepted by him that certain persons must be having food at that place on 21.11.2007. Thus in any case accused also accepted the preparation and serving of the food at the given address on 21.11.2007. Thus it appears that PHI must have visited that place that is Challan No. 325558 MCD Vs. RAJIV TYAGI Page no.5 of 5 why he came to know that food was being prepared and served i.e. a dhaba was used to be run at the given address.
c) It is accepted by DW2 that food was used to be cooked by the accused at the given address, however the same was only for the staff only but the staff was also used to pay for the same. Thus in any case the accused was preparing the food and selling the same, though allegedly to a closed group only.
Thus the complainant has proved it beyond any reasonable doubt that the accused has committed the offence U/s 417/421/397/461 of MCD Act by carrying on the trade of Eating house without Municipal Licence under insanitary and unhygienic condition with 40 seats on 21.11.2007 at 01:20 PM at 559/1 Main Sewa Dham Road, Mandoli Village. The defence taken by the accused is proved to be false one.
Thus in view of the above discussion the offence U/s 417/421/397/461 of MCD Act is proved against the accused beyond any reasonable doubt. Accordingly accused Sh. Rajiv Tyagi, S/o Late Sh. Balram Singh, R/o H.No. 713, Gali No.8/A, Village Mandoli, Delhi93 is convicted for the offence punishable U/s 417/421/397/461 of MCD Act in respect to challan no.325558. Copy of this judgment be given free of cost to the convict.
Announced in the open court
today i.e. 08.02.2013 (GAJENDER SINGH NAGAR)
MM:KKD:DELHI:08.02.2013
Containing 05 pages all signed by the presiding officer.
(GAJENDER SINGH NAGAR) MM:KKD:DELHI:08.02.2013