While the state is pushing all civic bodies to intensify raids against plastic, a group of associations comprising manufacturers, wholesalers, retailers and other stakeholders have questioned the raid procedure stating that it violates several sections of the Maharashtra Non-Biodegradable Garbage (Control) Act, 2006.During the raids, officials of municipal corporation and Maharashtra Pollution Control Board (MPCB) are imposing penalty on shopkeepers. However, according to the group, the government is breaching its own laws which state that penalty can be imposed only on conviction.The group, which is forming a committee to legally challenge the government’s action, says that shopkeepers have the right to not pay the fine on the spot. Procedurally, they have the provision to contest it in court, the members say. Multiple amendments and relaxations have created confusion in the minds of shopkeepers as well as the authorities. By going to court, the members hope that those who are storing and selling the permitted products are not punished. Sanjay Agrawal, the secretary of Nag Vidarbha Chamber of Commerce and a practicing lawyer, and Harish Mantri, the secretary of Vidarbha Plastic Industries Association spoke to TOI on what’s going wrong1. Procedure To Enter And SearchLaw: The government’s notification states that any person found in the possession of banned plastic material can be prosecuted under Maharashtra Non-Biodegradable Garbage (Control) Act, 2006. Section 8(4) of this act states that provisions of Code of Criminal Procedure (CrPC), 1973, will be applied during search and seizure.Allegation: The civic officials failed to abide by the procedural law. “Firstly, the officials did not have a search warrant, but they still raided shops. While seizing plastic, they did not prepare the mandatory panchnama nor did they give a copy of the seized material to the shopkeepers. Hence, CrPC provisions are being violated,” says Agrawal.2. Penalty Only On ConvictionLaw: Section 9(1) of the act states that if a person fails to comply with any provision, he can be punished only after conviction.Allegation: Shopkeepers are being proved guilty without conviction. “The civic officials have no powers to announce if a shopkeeper is guilty or not. They cannot impose a penalty unless a person is convicted,” said Mantri. He added that the officials, through a challan, are giving a deadline of 24 hours to deposit the fine. “How can they force a deadline when the law clearly says that fine can be imposed only when proven guilty,” questioned Mantri.3. Trial Of Offence By JMFCLaw: Section 11 of the act states that all offences must be tried summarily by a court not below the rank of a Judicial Magistrate of the First Class (JMFC) or Metropolitan Magistrate.Allegation: Shopkeepers not getting a chance for trial. “None of the officials from the corporation or pollution control board have the authority to punish any trader, stockist or seller until they are proved guilty by the JMFC. Despite this, the officials are functioning like the judiciary, pronouncing people guilty and forcing out money from them,” said Agrawal.4. Power To Compound 1st And 2nd OffenceLaw: Section 12 (1) of the act grants a provision for compounding of offences. “Local officer may accept a sum of money by way of compounding from a person who has committed the first or second offence,” it states. The sum of money to be accepted for first offence is Rs 5,000 while that for second is Rs 10,000.Allegation: No such provision being granted. “Instead of compounding, the authorities are directly imposing penalties. As per the law, a shopkeeper has the right to refuse to be fined and opt for the procedure of compounding. Terming the sum of money collected as a fine is legally wrong,” says Agrawal. He added that every trader and shopkeeper has a legal right to appeal for a trial.

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