Delhi District Court
Mahabir Singh vs ) State/Nct Of Delhi on 13 January, 2020
IN THE COURT OF AJAY GOEL, ADDITIONAL SESSIONS
JUDGE/SPECIAL JUDGE (NDPS), DWARKA COURTS, NEW
DELHI.
Criminal Revision No.532/19
In the Matter of:
Mahabir Singh,
S/o Late Sh. Lakhmi chand,
Sole Proprietor of M/s Green Tech Cylinder Testing Co.
Plot No. 74/51, Khasra No. 166, Khata No. 187/170,
Extended Lal Dora, Village Rawta, Delhi110073
.... Petitioner
Versus
1) State/NCT of Delhi
Through
Ld. SDM Kapashra,
Old Termainal Tax Building,
Kapashera, New Delhi
....Respondents
Date of Institution of the Petition : 30.11.2019
Date of Arguments : 13.01.2020
Date on which judgment was pronounced : 13.01.2020
JUDGMENT:
1. Vide this judgment I shall dispose off the revision Criminal revision No.532/19 Page No. 1/10 petition filed U/s 397 Cr.P.C. by the Revisionist against the impugned order dt. 13.11.2019 passed by Ld. SDM, Kapashera, New Delhi in case Diary No. 60471 dt. 02.09.2019.
2. Arguments addressed by counsel for the Revisionist and Addl. PP for the state.
3. The order of Ld. SDM and record has been perused.
4. The facts of the case are that the petitioner is the sole proprietor of M/s Green Tech Cylinder Testing Co. and running its business of periodic examination and testing of Compressed Natural Gas (CNG) at his tenanted premises i.e. Plot No. 74/51, Khasra No. 166, Khata No. 187/170, Extended Lal Dora, Village Rawta, Delhi 110073. It is further stated that Licence has been granted by Deputy Chief Controller Explosives, North Division after inspection of the aforesaid tenanted premises and site plan bearing No. Criminal revision No.532/19 Page No. 2/10 A/G/NC/DL/GCT/10 (G56829) dt. 04.07.2019 of the aforesaid tenanted premises was approved by the Joint Chief Controller Explosives, North Division. It is further stated that after approval of the said site plan, the Joint Chief Controller Explosives, North Division, Faridabad of the Petroleum and Explosives Safety Organization (PESO), Ministry of Commerce and Industry, Department for Promotion of Industry and Internal Trade, Government of India issued licence No. A/G/NC/DL/GCT/10 (G56829) dt. 04.07.2019 in favour of the petitioner in the name of his said proprietorship firm duly authorizing the petitioner to carry out periodic examination and testing of Compressed Natural GAS (CNG). It is further submitted that the said Testing Centre is situated on extended Lal Dora land and is not a residential land and at the time of issuance of licence the Municipal Counsellor of Local Area has also issued a no Criminal revision No.532/19 Page No. 3/10 objection Certificate dt. 03.06.2018 certifying that the said area of the unit is not a residential area and the said unit is nonpolluting. It is further stated that vide impugned order dt. 13.11.2019 Ld. SDM directed him to stop his said work within five days of receipt of said order, under section 133 Cr.P.C. and directed the Tehsildar to seal the premises of the petitioner within 5 days and aggrieved from the said order the present revision has been filed.
5. On last date of hearing i.e. 06.01.2020 the appellant has not intimated the court about the order of Hon'ble High Court that Hon'ble High Court vide its order dt. 24.12.2019 directed this court to dispose off the present appeal on the same day i.e. 06.01.2020. However, on the same day till evening the said order was not received. The order of the Hon'ble High Court was received only on 07.01.2020 after the adjournment of the case on 06.01.2020, hence, petition Criminal revision No.532/19 Page No. 4/10 is disposed off today itself.
6. It is argued by the Ld. Counsel for the Revisionist that impugned order of Ld. SDM is based on conjectures and surmises and is not based on factual position and circumstances of the case and said order being vague, contrary to law and factual position is liable to be set aside. It is further argued that impugned order is bad in law and the mandatory provisions of the law have not been followed and impugned order has been passed in extra ordinary haste. It is further argued that Ld. SDM failed to appreciate that there is no residential colony near the periphery of the said premises and said premises is not causing any obstruction to public place, way, river or channel lawfully used by the public. It is further argued that said premises is noninjurious to the health or physical comfort of the community and said premises and business of the petitioner is not causing any Criminal revision No.532/19 Page No. 5/10 sort of harm to the general public. It is further argued that Ld. SDM failed to appreciated that the petitioner has obtained the necessary licenses after complying with all the conditions imposed by PESO while issuing the said licence. It is further argued impugned order is illegal, untenable, merit less and an abuse and misuse of process of law as no one has visited the property in question of the petitioner and no eqnuiry was made and the true facts were not verified. It is also argued that the petitioner was not given any hearing before passing of the order. Hence, impugned order dt. 13.11.2019 may be set aside.
7. It is argued by the Ld. Addl. PP for the state that there is no illegality or infirmity in the order of the Ld. SDM and as such the same does not call for any interference. It is further submitted that the Ld. SDM has rightly passed the order keeping in mind the public safety. It is further submitted that Criminal revision No.532/19 Page No. 6/10 whole procedure was followed by the Ld. SDM before passing the order. It is further submitted that the revision petition is liable to be dismissed.
8. During the course of hearing of the case the concerned person from Licence Department of Petroleum and Explosive Safety Organization Ministry of Commerce and Industries who issued the licence to the appellant was called vide order dt. 06.01.2020, who filed certain documents along with his reply stating therein that the approval for carrying out periodic examination and test of CNG situated at Plot No. 74/51 Khasra No. 166, Khata/Khatoni No. 187/170 extended Lal Dora, Village Routa, Najafgarh, Taulka Najafgarh in favour of Sh. Mahabir Singh, Proprietor M/s Green Tech. Cylinder Testing Company covered under approval No. A/G/NC/DL/GCT/10 (G56829) dt. 04.07.2019 valid upto 30.09.2019 was granted by the organization. It is Criminal revision No.532/19 Page No. 7/10 further mentioned in the reply that documents for subsequent renewal of approval has been received in time.
9. In view of the reply file on behalf of Joint Chief Controller of Explosive, Petroleum & Explosive Safety Organization, this court is of the considered view that it would be appropriate that the revisionist must be given an opportunity to apprise the Ld. SDM about the licence and authorization and the safety norms being adhered to by him and he should hear the petitioner also. It is clear from the order that the petitioner was not present at the time of passing of order, though it is not the fault of Ld. SDM because the order sheet shows that he had given the notice to petitioner and he did not represent his case before the Ld. SDM. Nevertheless the technicalities should not come in the way of dispensation of justice and he has already suffered on account of same because he had to approach the higher Criminal revision No.532/19 Page No. 8/10 court against the order. Rule of giving hearing is fundamental rule of principle of natural justice.
10. In view of the aforesaid facts and circumstances, the order of Ld. SDM is hereby set aside and the case is remanded back with the directions to Ld. SDM to scrutinize the file of Licence Department and also visit the premises in question and if he found any illegality or mischief while issuing the licence to the revisionist or found any hazardous activity being run in the said premise, he can take legal action as per rules against the revisionist or erring person. The copy of file of Controller of Petroleum & Explosives Safety Organisation (PESO) is handed over to the Patwari for elucidation of the facts.
11. Accordingly, revision is allowed. Revisionist is directed to appear before Ld. SDM on 21.01.2019. Copy of judgment with relevant documents be sent to the Ld. SDM Criminal revision No.532/19 Page No. 9/10 for compliance. He will also look into the factual position of the spot and he also look into that any other hazardous unit is running in the area or not. It is made clear that if the petitioner fails to appear before Ld. SDM on the given date and does not participate in the proceeding then the order of Ld. SDM dt. 13.11.2019 will remain as such. Revision file be consigned to Record Room after due compliance.
Pronounced in the open court. (Ajay Goel)
Dated : 13.01.2020 ASJ/Special Judge(NDPS),
Dwarka Courts, New Delhi.
Digitally
signed by
AJAY AJAY
Date:
GOEL
GOEL 2020.01.13
16:40:33
+0530
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