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SUDESH BANSAL
Puranmal Satyanarain Sawai Madhopur – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
Mr. Sudesh Bansal, J. - In this petition, a challenge has been made to the order dated 12.02.2024 passed by the Special Judge, SC/ST Cases, Sawai Madhopur, dismissing criminal revision petition No.8/2024 filed by petitioner-firm and order dated 24.01.2024 passed the Chief Judicial Magistrate, Sawai Madhopur, dismissing application of petitioner filed under Section 451/457 CrPC refusing to release seized property i.e. Crackers and Fireworks and further prayer has been made by petitioner to allow his application dated 05.12.2023, granting permission to return his seized articles of crackers and fireworks and allowing to sale/alienate such articles, which are in the nature of speedy and natural decay.
2. Heard counsel for petitioner, learned Public Prosecutor and perused the record made available before this Court.
3. Briefly stated, facts of case are that during patrolling in the city of Sawai Madhopur on 10.10.2023 at about 07:00 PM, ASI, Jitendra Singh accompanied with his team, seized crackers and fireworks weighing 15, 828.13 kg, which were kept and stored in petitioner's godown, only on account of not holding valid licence to store/sale such explosives in huge quantity. The
The court emphasized the need for expeditious release of seized property under Section 451 CrPC to prevent waste, affirming the petitioner's ownership and the absence of rival claims.
The necessity of possessing a valid license for the transportation and sale of explosive substances, as mandated by the Explosive Act, 1884, is critical for legal compliance and environmental protect....
Court allows the release of seized firecrackers subject to legal compliance, emphasizing their perishable nature and the necessity of accountability in transactions.
The court upheld the validity of the search and seizure based on the petitioner holding a huge quantity of crackers beyond the permitted limit in the licenses granted to him.
Prior judgments bind authorities; standard objections to fireworks permissions for festivals unsustainable, allowing conditional approvals.
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