IN RE : BURRABAZAR FIRE WORKS DEALERS ASSOCIATION & ORS. Vs. THE COMMISSIONER OF POLICE, CALCUTTA & ORS.
LAWS(CAL)-1996-11-13
HIGH COURT OF CALCUTTA
Decided on November 01,1996

In Re : Burrabazar Fire Works Dealers Association And Ors. Appellant
VERSUS
The Commissioner Of Police, Calcutta And Ors. Respondents

JUDGEMENT

Samaresh Batterjea, J. - (1.)The petitioner No. 1 which is a registered Association of Fire Works Dealers and its office bearers and members in the instant writ application has challenged the action of the respondents in preventing the petitioners from selling fire works having noise level exceeding 65 decibels.
(2.)Admittedly, a Division Bench of this Hon 'ble Court in Civil Order No. 4303 (W) of 1996 by an order dated 30th Sept., 1996, inter alia, has directed the Pollution Control Board to take suitable measures to stop creating sound pollution means other than microphones such as user of electric air - horn of public vehicles, fire works and other sources of sound nuisance.
(3.)It is the grievance of the petitioners since 26th Oct., 1996 ' the police personnel from Lalbazar under order of Deputy Commissioner of Police (PP) are seizing some quantity of crackers, chocolate bombs, rockets ete. from the shops of different dealers of fire works and the members of the association for the purpose of testing as to whether noise emanating from such crackers exceeds 65 decibels.
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