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2016 Supreme(Ker) 152

RAJA VIJAYARAGHAVAN V.
Manafudeen – Appellant
Versus
State of Kerala – Respondent


Advocates:
Advocate Appeared:
Sri. K.C. Santhoshkumar, Smt. K.K. Chandralekha
Public Prosecutor Sri. Baby Thomas

ORDER :

1. This petition is filed under S.482 of the Code of Criminal Procedure seeking to quash Annexure F charge sheet laid against the petitioner alleging offence punishable under S.9B(1) of The Explosives Act, 1884.

2. The prosecution allegation is that, on 07.08.2013, the petitioner was found in possession of 25 bundles of Safety Fuses and 100 ordinary Detonators kept in the store room of the premises owned by the petitioner at Thonipoika. Under the premise that the petitioner was in possession of the above explosives without a valid licence or permit, investigation was conducted and charge was laid before the jurisdictional Magistrate.

3. I have heard the learned counsel appearing for the petitioner as well as the learned Public Prosecutor.

4. The learned counsel appearing for the petitioner would submit that the petitioner is running a quarrying unit under the name and style as "Al-Fathima Metal Crusher Unit" at Anchal. Annexure B is the consent to operate issued by the Kerala State Pollution Control Board to the petitioner for the purpose of running a Granite Rock quarrying unit. The said permit, according to the learned counsel, is valid from 17.10.2011 to 31.12.2013. The lear






















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