NIRMAL KUMAR SAH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) A Writ Petition (PIL) No. 31 of 2012 'Prof. Ajay Singh Rawat vs. Union of India and Others' came up for consideration before the Division Bench of this Court, wherein, the Division Bench of this Court has passed an order to the following effect:

(2.) In a nutshell and as intended by the order, it provided that a recovery of penalty on use and storage of polythene bag at the rate of an amount of Rs.500.00 was to be imposed as penalty for each polythene bag, which has to be levied as a penalty on the guilty shopkeepers.

(3.) In the instant case in furtherance of the judgment rendered by the Division Bench a surprise raid was conducted on 3/3/2017 in the shops of the petitioners, wherein, 370 polythenes in relation to the writ petitioner of Writ Petition No. 1735 of 2017, 157 polythenes in relation to the writ petitioner of Writ Petition No. 1732 of 2017, 84 polythenes in relation to the writ petitioner of Writ Petition No. 1761 of 2017 and 176 polythenes in relation to the writ petitioner of Writ Petition No. 1762 of 2017, was recovered by the respondent Nagar Palika from their custody, when they have conducted the surprise raid in their shops. So far as the recovery of number of bags is concerned, and the number of bags which has been recovered from the respective shops is concerned, it is not disputed by the petitioners of each of the writ petitions.