JUDGMENT - (1) This is an application for bail under the provisions of Section 498 of the Code of Criminal Procedure. The petitioners are charged by the Sholapur Police with offences under Section 120-B I. P. C. Section 5 of the Explosive Substances Act, Sections 30 and 25 of the Arms Act, Section 5 of Explosives Act. Section 6 of Poisons Act. Section 82 of the Prohibition Act and Section 18(c) of the Drugs and Cosmetics Act.

(2) According to the Police, the petitioner No. 1 is the father of petitioners Nos. 2, 3 and 4 and they are all the proprietors of two firms by name of "Hazi M. F. Maniyar and Sons" and "M. M. Maniyar". According to the Police, all the petitioners look after the said two businesses and that the said two businesses have two godowns wherein goods of these firms are stored. According to the petitioners, however, "Hazi M. F. Maniyar and Sons" is the partnership firm in which only petitioners Nos. 1 and 2 are partners under a deed of partnership, copy of which they have produced. According to the petitioners, the petitioners Nos. 3 and 4 have nothing to do with the said firm. The business of the said firm is carried on at 383, East Mangalwar Peth as shop with two godowns, one at 615, East Mangalwar and another at 986, Shukrawar Peth. According to the petitioners, the petitioner No. 3 is the sole proprietor of "M. M. Maniyar" and that he carries on the said business at 389, East Mangalwar Peth, as the sole proprietor thereof and that the petitioner No. 4 is a minor and is not connected with any of these two firms.

(3) According to the prosecution on 11th September 1967 a search was taken of the shop of "Hazi M. F. Maniyar and Sons" when a highly explosive and prohibited mixture of potassium chlorate and sulphur was unauthorisedly sold to a bogus customer in the shop. Thereafter the shop of "Hazi M. F. Maniyar and Sons" and the godowns were searched on several days and considerable quantities of black crystalline gunpowder, light yellow coloured gunpoweder (prohibited mixture of potassium chlorate and sulphur), black gunpowder, potassium chlorate (contaminated) sulphur-powder, special gelatine, highly explosive Diwali crackers prohibited by law. 510 grammes of potassium cyanide, a quantity of unlicenced drugs detonators, percussion caps containing prohibited mixture of chlorate and red arsenic sulphide and french polish were secured.

(4) The shop of the business carried on under the name of "M.M. Maniyar" was searched on 16th September 1967 and certain items of goods described as luxury goods and a quantity of licensed ammunition was found. The godown of the said business was also searched and nothing incriminating was found therefrom.

(5) It is not in dispute that from the shop and godown of which the petitioners Nos. 1 and 2 claim to be the owners large quantities of gunpowder, prohibited mixture of potassium chlorate and sulphur used as highly explosive gunpowder, potassium chlorate, sulphur gelatine, potassium cyanide (a deadly poison), unlicensed drugs, detonators and percussion caps have been seized. It is also not in dispute that the petitioner Nos. 1 and 2 are licensed arms and drug merchants and hold some valid and subsisting licences for potassium chlorate, arms, ammunition, gunpowder, and drugs. It is further not in dispute that quantities of these materials seized from the possession of shop and godowns claimed to be the property of the petitioners Nos. 1 and 2 are larger than those permitted by their licences, and some of these quantities are stored in unlicensed premises.

(6) The petitioner Nos. 4 was arrested on 15th September 1967. On the same day, he made a statement and at his instance three tin boxes containing 2,500 detonators in card board containers were recovered. They had been concealed by him in the compound of the residential bungalow of the petitioners of burying them.

(7) It is not disputed that all the petitioners live together.

(8) The petitioner No. 4 was arrested on 15th September 1967

Click Here to Read the rest of this document