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1956 Supreme(Raj) 42

Rajasthan High Court
Wanchoo C.J. & Modi, J.
Allahnoor - Appellant
Versus
District Magistrate, Chittorgarh - Respondents
Civil Writ No. 43 of 1955
Decided On : February 06, 1956

Advocates Appeared:
S.M. Razora, for Applicant; Kansingh, Deputy Government Advocate

Headnote:(a) Explosives Rules, R. 85(3) and (5)—Scope and applicability.(b) Constitution of India, Art. 19(1) (6)—Explosives Rules, R. 85(5)—Discretion to refuse licence—Validity.(c) Explosives Rules, R. 85(5)—Rule not hit by Constitution of India, Art. 19(1)(6).

       While dealing with an application under sub-rule (3) the District Magistrate is not right in going into the question of undesirability of the applicant asking for a no-objection certificate, and it is not correct to refuse a no-objection certificate on that ground.

       Sub-rule (5) is much wider than sub-rule (3), and gives power to the District Magistrate to express his opinion about the grant of any licence on any grounds which the District Magistrate considers relevant and proper for purposes of the granting of a licence. (Paras 7 and 8)

       It is very difficult sometimes to provide by law or rule what are the circums-tances in which an authority having the power may say whether a person is desirable or not. There may be so many reasons depending upon each individual case which may make a person undesirable so far as possession of explosives is concerned. It would be very difficult to frame laws or rules in general terms to bring all those circumstances within terms. In such a case, the law or rule is bound to vest a discretion in some authority to judge such individual case on its merits and then decide whether licence should be granted or not to the person applying for the same. (Para 10)

Wanchoo, C.J.—This is an application by Allahnoor under Article 226 of the Constitution for a writ, direction or order to the District Magistrate of Chittorgarh, and arises in the following circumstances.

2. The applicant is a person carrying on trade and business of manufacturing fireworks, and sale of gun-powder at Nimbahera. In that connection, he applied to the District Magistrate of Chittorgarh for a nonobjection certificate under rule 85(3) of the Explosives Rules as he desired to obtain a licence for 200 pounds of gun-powder from the Chief Inspector of Explosives. The District Magistrate, however, rejected the application without even looking at the site where the applicant proposed to carry on the business, and gave no reasons to the applicant for such rejection, The applicant, therefore, has come up to this Court and his contention is that he is being deprived of his occupation, and thus his fundamental right granted under Art. 19(1) (g) of the Constitution has been violated. He also attacks the Rules under the Indian Explosives Act on the ground that they impose unreasonable restriction on his fundamental right to carry on his trade inasmuch as the rules confer arbitrary power on the authorities to refuse licences. Though rule 85(5) is not mentioned by the applicant in his application, the main attack is on that rule.

3. The application has been opposed on behalf of the opposite party,and his contention is that he had full authority to refuse the noobjection certificate. Reliance is placed on his behalf on Rule 85(5) in this connection. It is also urged that the opposite party was under no obligation to communicate to the applicant the grounds for his refusing the no-objection certificate.

4. We are concerned in this application with the Indian Explosives Act, 1884, and the Rules framed thereunder. It cannot, in our opinion, be denied that control of explosives by the State is necessary in the interests of the general public. Explosives are dangerous substances, and it is in the interest of the general public that all and sundry should not have explosives in their possession, or should not be permitted to use them for making fireworks etc. without proper conditions and restrictions. Consequently sec. 5 of the Indian Explosives Act (No. IV) of 1884 provides that the Central Government may make rules to regulate or prohibit, except under and in accordance with the conditions of a license granted as provided by theRules,the manufacture, possession, use, sale etc. of explosives. Considering the very nature of explosive substances, we are of opinion that sec.5 of the Act, which gives power to the Central Govern-ment to regulate and prohibit the manufacture possession and use etc. of explosives, contains a reasonable restriction, and it does not require much argument to show that such restriction is in the interest of the general public

5. We have then to see whether the rules, which govern the manufacture, possession and sale of explosives, prescribe reasonable restrictions or not. Rule 84 provides, for example, that a person desiring to obtain a license for these purposes, shall submit an application in writing to the authority empowered to grant such a license. Where the quantity of explosives involved is up to 25 pounds, the District Magistrate is the authority for granting a license. Where it is more than 25 pounds, but up to 200 pounds, the proper authority is the Chief Inspector of Explosives. Then comes rule 85(1) which provides that license may be granted by the authorities concerned on payment of certain fees, and one of the restrictions is that no license shall be granted to any person under the age of 18 years. Sub-rule (2) of Rule 85 provides that a license shall be granted for 12 months at a time, and may be renewed from year to year. Then come sub-rules (3),(4) and (5) which are as follows—

"(3) Where the licensing authority is the Chief Inspector or an Inspector of "Explosives, an applicant for a new license in














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