AVNISH SHARMA Vs. STATE

JUDGEMENT

(1.) This petition under Section 482 CrPC seeks quashing of the complaint case DD No. 38-B dated 21st April, 2002 pending before the learned Metropolitan Magistrate ( MM ) under Sections 28/112 Delhi Police Act, 1978 ( DPA ) and Sections 9/11 Delhi Prohibition of Smoking and Non-Smokers Health Protection Act, 1996 titled State v. Avnish Sharma.

(2.) The Petitioner states that he was employed as a Manager of the Delhi Darbar Delux Restaurant the proprietor of which is one Mr. Rakesh Ahuja. The Petitioner was appointed as a Manager on 1st April, 2002 and he has placed on record a copy of the appointment letter. The licence was issued under the DPA in favour of Mr. Rakesh Ahuja. After his death, it was transferred in the name of his wife Smt. Neena Ahuja. It is stated that Smt. Neena Ahuja kept getting the licence renewed and deposited licence fee for which a receipt was issued which was valid up to 31st March, 2003.

(3.) It is alleged that although outside the restaurant there was no smoking board, when one Mr. Sudip Arora went there for dinner he found that the customers in the restaurant were smoking and that the waiters and Manager were serving cigarettes to the customers. On that basis the present case was registered.