Point of law : The expression ‘negligence’ has also not been defined in the Penal Code, but, that has not deterred the Courts from giving what has been widely acknowledged as a reasonably acceptable meaning to the term. We may before referring to the judicial pronouncements on the subject refer to the dictionary meaning of the term ‘negligence’

ORDER :

1. This application is filed by the applicant under Section 439 of the Code of Criminal Procedure, 1973 for regular bail in connection with FIR registered as C.R. No.I11191065200923 of 2020 with NAROL POLICE STATION, DISTRICT AHMEDABAD, for the offence punishable under Sections 304, 308, 284, 285, 286, 436, 427, 337, 338, 114 of the Indian Penal Code and under Section 7, 8, 9, 15 and 16 of the Environment (Protection) Act.

2. Learned Advocate appearing on behalf of the applicant submits that considering the nature of offence, the applicant may be enlarged on regular bail by imposing suitable conditions.

3. Learned Advocate for the applicant submitted that the incident pertains to a chemical blast resulting into fire and collapse of a building structure causing death of 13 number of people and serious to simple injuries to 9 number of people.

4. Learned Advocate for the applicant submitted that the investigation is concluded and chargesheet is filed. Therefore, all the evidence on which the prosecution is relying upon is now with the Investigating Agency, therefore, now there is no scope of any interference with the investigation and the applicant shall be enlarged on regular bail.

5. It is submitted that the trial is likely to be prolonged particularly considering the present day scenario, as well as the fact that the 123 witnesses are cited in the chargesheet. The incident as aforementioned can be termed as an accident and no negligence and deliberate act, can be attributed to the applicant, so as to attract the Sections304, 308 and other relevant Sections, for which the applicant is chargesheeted.

6. It is submitted that the applicant is merely a tenant in the premises and has entered into the premises on the basis of the rent agreement and a cause of accident is mainly the collapse of the structure for which the land lord is to be held responsible and not the applicant. Even after the chargesheet, there is no definite conclusion that the incident of collapse of the structure was on account of the blast which took place in the factory premises of the applicant which attributed to the poor construction of the structure by the land lord. The Process involved for the manufacturing of the product by the applicant does not involve any complex machinery. It is only the cold process mixing of various raw materials /chemicals. It is also submitted that the chemicals which are used for the purpose of manufacturing the product, do not require any license for holding and storage more particularly the quantity of such chemicals which were stored by the applicant, were far below the threshold quantity specified under the Manufacture, Storage And Import Of Hazardous Chemical Rules, 1989.

7. It is submitted that the applicant did not have even a team of employee that the entire manufacturing has undertaken by only person being employee of the applicant since last several years and had sufficient experience to undertake the process. Unfortunately, that employee has also expired in the incident.

8. It is also, submitted that considering the quantity of manufacturing of the product of MEKP (Methyl Ethyl Ketone Peroxide), no license for manufacturing is required. The only requirement is registration with the Authority about the applicant doing some business and his registration for the purpose of GST, VAT and MSME and other Insurance requirement. It is submitted that the applicant had been in the business of manufacturing of MEKP (Methyl Ethyl Ketone Peroxide) since the last 20 years and therefore, during the 20 years, no such accident has taken place and therefore, there is no question of negligence on the part of the applicant to attract the provisions of IPC.

9. It is submitted that the Local Authority like the Municipal Corporation, Industrial Branch is required to carry out periodical visit for the safety aspect and therefore so far as the applicant has never been issued with any Notice or warning with regard to the safety measures by any