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SUDESH BANSAL
Jakaria Khan – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
Mr. Sudesh Bansal, J. - Instant Misc. petition under Section 482 Cr.P.C. has been filed by petitioner, seeking to quash FIR No.106/2012 registered at Police Station Chaupanki, District Alwar for offences under Sections 4, 5 and 6 of the Explosive Substances Act, Section 336 of IPC and Section 3 of the Prevention of Damage to Public Property Act.
2. Heard counsel for parties and perused the material available on record.
3. Contention of learned counsel for the petitioner is that the investigation on the impugned FIR has been carried out and thereafter, charge-sheet against other accused persons namely Sahoon, Pramod Kumar Singh, Saddam, Sitaram and Mr. Yakub have been filed but no incriminating evidence against the petitioner has been found, except that co-accused Mr. Sahoon made statements that the explosive material of Ammonium Nitrate was supplied by the petitioner, however investigation against petitioner has been kept pending under Section 173(8) Cr.P.C. It has been contended that even if case of prosecution against the petitioner is taken as true, the recovered explosive substances i.e. Ammonium Nitrate does not fall in the category of explosive substances and not require
The court upheld the validity of the FIR against the petitioner, establishing sufficient evidence of involvement in illegal explosive supply, and clarified the limited scope of inherent powers under ....
The determination of whether seized material constitutes explosive substance and the consideration of confessions of co-accused can be crucial in deciding on the grant of anticipatory bail.
The central legal point established in the judgment is that the nature of the explosives used in illegal mining would be determined in the trial, and the order taking cognizance was found to be legal....
Possession of explosives without a license constitutes unlawful possession under S.4 while lack of evidence for unlawful purpose negates conviction under S.5.
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