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Delhi court convicts man for bursting non-green crackers

The accused, Mukul, was caught by a policeman for bursting crackers on the street on November 8 last year.

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A Delhi court has convicted a 27-year-old man for bursting crackers, which were not of the ‘green’ variety, in violation of Supreme Court’s orders.

The accused, Mukul, was caught by a policeman for bursting crackers on the street on November 8 last year.

The complainant, head constable Joginder Singh, wrote in the FIR that he spotted Mukul bursting crackers outside a house and he orally informed him about the SC directions. However, the accused allegedly ignored him and kept bursting crackers.

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Police then arrested him under section 188 (disobedience to order duly promulgated by public servant) of the IPC.

The SC had issued directions that only crackers with reduced emission and “green crackers” can be manufactured and sold, in an order that restricted use of fireworks.

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The apex court had noted in its order that there have “been lots of efforts for production of firecrackers which do not contain harmful chemicals, which are termed ‘green crackers’, and the Union of India was asked to delve on the subject”.

As per court records, the accused was summoned before the court and a notice was framed against him on August 3, to which the accused pleaded not guilty and claimed trial.

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The prosecution had cited as many as three witnesses, one of whom was examined. The prosecution witness was the complainant in the case, HC Singh, who informed the court that he was on patrolling duty with HC Hari Narain.

“At about 12.55 am, he saw one person namely Mukul burning crackers near the Raman Book Depot, Rajouri Garden. Accused Mukul was burning crackers which were not green crackers, which is the violation of the order of Supreme Court of India. He caught the accused and explained the order to him… the accused replied that he had no knowledge regarding such orders,” the court records read.

After Mukul’s statement was recorded, he did not cross examine the police witness despite having the opportunity to do so.

“The registration of FIR and arrest of accused is mere veracity to the procedure adopted by the investigating agency. The prosecution has successfully proved the charges under section 188 IPC against the accused… In view of above observations, accused Mukul is convicted for the offence punished under section 188 of IPC in the present case FIR,” wrote Metropolitan Magistrate Deepak Kumar.

First uploaded on: 11-08-2019 at 03:34 IST
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