KORES (INDIA) LTD Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) By means of this petition moved under section 482 of Code of Criminal Procedure, 1973 (for short Cr.P.C.) the petitioner has sought quashing of the orders dated 23.04.2008, and 13.10.2010, passed by District Magistrate,Dehradun, and order dated 28.05.2011, passed by the revisional court (Additional Sessions Judge/ III Fast Track Court, Dehradun) whereby said court has affirmed the order passed by the Magistrate under section 133 Cr.P.C.

(2.) Heard learned counsel for the parties, and perused the papers on record.

(3.) Brief facts of the case are that petitioner namely M/s Kores (India) Ltd., is a company which manufactures and sells stationery products including whitener (correction fluid), diluter (thinner) and gumstick etc., in India. A report dated 20.03.2008, was submitted by Senior Superintendent of Police, Dehradun, to the District Magistrate, Dehradun, stating that the aforesaid items are being purchased by the children, and they are inhaling and misusing it for the purposes of intoxication, thereby not only the children's health is being adversely affected, the two-wheelers which are being driven by such children meeting with accidents, and young students are creating nuisance at the public places. The Senior Superintendent of Police has specifically mentioned that this nuisance is said to have been found being caused near Guru Ram Rai Inter College, Race Course, Vivekanand Inter College, Jogiwala, Gandhi Inter College, Dispensary Road, Scholars Home, Marshall School, E.C.Road, St. Anis School, Nehru Colony, St. Joseph Academy, Rajpur Road, Woodstock, Mussoorie, Mussoorie International School, Fifth Centurian School, Mussoorie etc.. Incidents of children fighting among themselves after inhaling the aforesaid products are also increasing. On said report, the District Magistrate, Dehradun, vide his order dated 20.04.2008, passed in case no. 1 of 2008, exercising powers under section 133 Cr.P.C., directed that in the District Dehradun no such stationery products shall be sold or purchased by any seller or distributor in Dehradun without taking permission from the District Administration. Said order was challenged by the petitioner before the revisional court (Sessions Judge, Dehradun). It appears that said revision was allowed, and matter was remanded to the District Magistrate for passing fresh orders after hearing the petitioner. The District Magistrate, Dehradun, in compliance of the order of the Sessions Judge heard the parties, and passed fresh order dated 13.10.2010, and affirmed the direction issued earlier. Aggrieved by said order dated 13.10.2010, again criminal revision no. 4 of 2011, was filed by the petitioner which was dismissed vide order dated 20.05.2011, passed by Additional Sessions Judge/III Fast Track Court, Dehradun. Hence this petition.