LOGISTICS INDIA Vs. MCD

JUDGEMENT

(1.) THE Petitioners are one of the many Carrying and forwarding agents of M/s Hindustan Lever Ltd. which is marketing ice cream and frozen desserts under the brand name of "Kwality". M/s. Hindustan Lever Ltd. has entered into agreements with various companies owning cold storages for using cold storage services on payment of service charges. As a carrying and forwarding agent, the Petitioners are required to store the products in cold storage. Thus, one such cold storage facility owned and maintained by M/s. Kold Hold Industries Pvt. Ltd. for storage and further distribution of the said product was taken on lease by the Petitioner firm. M/s. Kold Hold Industries Pvt. Ltd. has been issued a license as required under the Delhi Municipal Corporation Act (in short the DMC Act). The Respondent instituted a Criminal Complaint No. 917/08 under Section 416/417/430 DMC Act against the Petitioner for running a cold storage without the license wherein the Petitioners were summoned. Hence the present petition.

(2.) LEARNED counsel for the Petitioner contends that prior to the present challan, two challans being challan case Nos. 272904 and 335405 were filed against the Petitioner for the same allegations in the years 2006 and 2008 which were dismissed for the Learned Municipal Magistrate holding that the Petitioners did not require any license, as a valid license has been issued to M/s. Kold Hold Industries Pvt. Ltd. which was running the cold storage facility. Despite earlier two challans being dismissed, the Respondent has again initiated prosecution of the Petitioners for violation of Sections 416/417/430 DMC Act.

(3.) LEARNED counsel for the Respondent on the other hand contends that the Petitioners do not have a valid Municipal license and the license issued is of the premises and the Petitioners are not permitted to use the said license which has been issued in the name of some other person/ company. Whenever electricity, power load etc. are required to be used a factory license is required under Section 416 of the DMC Act. The Petitioners are running the cold storage contrary to the terms of the license and hence they are liable to be prosecuted.