JUDGMENT :

1. Heard learned senior counsel for the petitioner, learned counsel for the State and learned counsel for the Union of India.

2. The petitioner has filed the instant application praying for quashing the FIR of Khazekalan P.S. Case no. 253 of 2016, for quashing the search and seizure dated 7-8.10.2016, for directing the respondents to release the seized goods and residential premises and for other reliefs.

3. The facts in brief are that an FIR being Khazekalan P.S. Case no. 253 of 2016 was registered under sections 285, 286 and 290 of the Indian Penal Code, sections 5A and 9B of the Explosives Act, 1984 and section 5 of the Explosive Substance Act, 1908.

4. The prosecution case in brief is that by letter no. 5493 dated 31.5.2016 the District Magistrate, Patna directed the Sub-Divisional Officer, Patna City to inspect the shop selling crackers. Pursuant to the notice issued by the Sub-Divisional Officer and the Sub-Divisional Police Officer, Patna City only seven shopkeepers responded to the notice. After obtaining information inspections were conducted on different shops being run by six different persons including the petitioner herein. On inspection of shop of the petitione