Delhi District Court
By This Order It Shall Be Decided Whether ... vs Tnt India Private Limited And Others 1 Of ... on 21 October, 2014
IN THE COURT OF ANURAG THAKUR
METROPOLITAN MAGISTRATE (MUNICIPAL)
DWARKA COURTS : NEW DELHI.
CC No. 1204/13/NG
U/s. 417/430 of DMC Act
MCD .. Complainant
versus
TNT India Private Limited and others .. Accused
ORDER
1. By this order it shall be decided whether or not the charge shall be framed against the accused persons or not.
2. Brief facts of the case are that the accused no.1 is a company carrying on the business of courier, cargo, freight and logistics in the name and style of " TNT India Private Limited" . On 30.07.2013 the accused was challaned for " running the trade storage of transportable goods in packets at Khasra No. 1024, C-100, Road No. 6, Mahipalpur.
3. The applicant/accused submit that accused is a courier company and it does not require licence for transient storage of goods u/s. 417 of the Delhi Municipal Corporation Act 1957 (hereinafter referred to as the act) and prayed for cancellation of challan.
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4. Counsel for the accused relied upon Devision Bench Judgment of Delhi High Court in case titled as MCD vs. Jaipur Golden Transport Company decided on 01.10.2013, wherein it had been held by the High Court that a transport /courier company does not require a licence for transient unloading of goods while in transit. He further stated that u/s. 417 of the Act, the applicant/accused does not require any licence for storage of goods and the MCD has no power to issue such licence under the Act . He further stated that the present challan is bad-in-law, erroneous on facts and devoid of merits and the same is liable to be cancelled and thus, his application for cancellation of challan be allowed.
5. Ld. Counsel for the complainant/respondent/MCD argued that courier company also requires licence for storage of goods as per the policy framed by the MCD in pursuance of the mandate provided in Section 417 of the Act. The Ld. Counsel for the MCD has relied upon the case titled as M/s North Eastern Carrying Corporation vs. MCD decided by Delhi High Court on 20.04.2010, wherein it has been stated that storage even for a few hours amounts to 'storage' within the meaning of DMC Act and is thus, a licensed activity and carrying on such activity/trade without obtaining a licence from the MCD, is an offence punishable u/s. 417 of the Act. He further stated that the challan has been correctly booked in the name of the accused and prayed that the present application be dismissed with costs.
6. A perusal of both the judgments as cited by counsel for the applicant and counsel for respondent reveal that both these judgments are given by Division Bench of the Delhi High Court, both deal with the CC No. 1204/13/NG MCD Vs. TNT India Private Limited and others 2 of 4 issue of licencing of trade for storage of goods while in transit, both the judgments make a mention of section 417 of DMC Act as well as to the circular/ office order issued on 19.01.1983 in pursuance of Section 417 of DMC Act, but surprisingly, both the Devision Benches take different views regarding whether or not a licence is required by a transport or courier company for transient storage of goods.
7. While the High Court in M/s North Eastern Carrying Corporation vs. MCD takes the view that licence is required for storing of goods even during transportation, immaterial of the fact whether the goods are stored for a few minutes or for a few days, " the same amounts to storage" and 'storage' of goods is a licensed activity under the DMC Act and thus, licence is required for carrying on such activities.
8. Whereas in MCD Vs. M/s Jaipur Golden Transport Company, the High Court takes the view that office order dated 19.01.1983, is illegal and the same is not supported by any provision of the Act and thus, the MCD has no power to issue licence for transient storage of goods which is an ancillary activity to the main activity of carrying on of trade of transportation/ cargo of goods.
9. Since both the judgments are of the Devision Bench of the Delhi High Court and the latest view on the issue laid down in the judgment of MCD vs. M/s Jaipur Golden Transport Company is that " 5....................Neither the act nor any rule granted any power to or authorized the MCD to so grant licenses upon payment of charges"
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10. In view of the above discussion, it is, hereby, held that the applicant (TNT India Private Limited) does not require any MCD licence to carry out any courier activity and for storage of goods in pursuance of its main trade of courier activities. Hence, the plea of accused is hereby allowed to the effect that the challan against the accused/applicant No1 stands cancelled and since accused no. 2 and 3 are director and employee of the company, so they are also discharged.
Bail bond / surety bond stands discharged.
File be consigned to record room after due compliance.
Announced in the open Court Anurag Thakur
today i.e. on 21st October, 2014 Metropolitan Magistrate (Municipal)
Dwarka Courts, New Delhi.
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