S.K.Chattopadhyaya, J.

1. In the instant application a prayer has been made for quashing of the First Information Report lodged under Sec. 9(B) of the Explosives Act, 1884 (hereinafter referred to as the Act) read with Rule 5 of the Explosives Rules (shortly the Rules) as well as the order taking cognizance dated 7.9.1994 for an offence under Sec. 5 of the Explosive Substances Act (hereinafter to be referred to as the Substance Act).

2. Before dealing with the points raised on behalf of the parties, the facts, in brief, are necessary to be stated:

The Sub Inspector of Police, Daltonganj Police Station on getting secret information that a jeep bearing registration No. BHH 5610 was carrying 10 KGs. of explosive articles with detonators and fues from M/s Paramount Explosive Magazine to the office of the Bihar State Mineral Development Corporation (hereinafter referred to as Corporation) whereas, under law, they were entitled to carry only 5 KGs. of explosives at a time, and that the excess quantity of explosive was being supplied to the terrorists, in connivance with the staff of the said Corporation as well as the owner and Manager of the said Corporation. After making Sanha