MR RAJ KUMAR GUPTA SOLE PROPRIETOR OF M/S KANWARJI RAJ KUMAR vs DELHI POLLUTION CONTROL COMMITTEE & ANR.

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 15.12.2025 Judgment pronounced on: 29.01.2026 Judgment uploaded on: 30.01.2026 + CRL.REV.P. 1054/2024 & CRL.M.A. 25260/2024 MR RAJ KUMAR GUPTA SOLE PROPRIETOR OF M/S KANWARJI RAJ KUMAR .....Petitioner Through: Mr. Ajjay Aroraa Senior Advocate with Mr. Kapil Dutta and Mr. Vansh Luthra, Advocates. versus DELHI POLLUTION CONTROL COMMITTEE & ANR. .....Respondents Through: Mr. Kush Sharma, Mr. Nishchaya Nigam, Ms. Komal Narula, Ms. Anugya Gupta and Ms. Disha Sharma, Advocates. CORAM: HON’BLE DR. JUSTICE SWARANA KANTA SHARMA JUDGMENT DR. SWARANA KANTA SHARMA, J 1. The petitioner herein was convicted by the Court of learned ACMM (Spl. Acts), Central, Tis Hazari Courts, Delhi [hereafter ‗Trial Court‘], in case arising out of CC No. 519826/2016, for offences punishable under Sections 24 and 25 read with Section 26 of Signature Not Verified CRL.REV.P. 1054/2024 Page 1 of 27 Digitally Signed By:ZEENAT PRAVEEN Signing Date:30.01.2026 19:20:10 The Water (Prevention and Control of Pollution) Act, 1974 [hereafter ‗the Water Act‘], vide judgment dated 20.04.2017. Vide order on sentence dated 25.04.2017, the petitioner was sentenced to undergo simple imprisonment for a period of three years along with payment of a total fine of ₹2 lakhs. The appeal preferred by the petitioner against his conviction and sentence, being CA No. 06/2017, was decided by the court of Special Judge (PC Act), CBI-01, Central, Tis Hazari Courts, Delhi [hereafter ‗Appellate Court-I‘], vide judgment dated 11.08.2017, whereby the conviction was upheld, while the matter was remanded back to the Trial Court for passing a fresh order on the point of sentence. Aggrieved thereby, the respondent Delhi Pollution Control Board [hereafter ‗DPCC‘] challenge