1. Heard the learned counsel appearing for the petitioners and the learned counsel for the State.

2. This application has been filed for quashing of the entire criminal proceedings of Pakur (T) P. S. Case No. 216 of 2011 (G.R. No. 567 of 2011), including the order dated 28/05/2012, whereby and whereunder, the then Chief Judicial Magistrate, Pakur, took cognizance of the offence punishable under Section 4/5 of the Explosive Substance Act.

3. Before adverting to the submissions advanced on behalf of the parties, the case of the prosecution needs to be taken notice of.

4. It is the case of the prosecution that when a search was made in a shop, being run in the partnership by these two petitioners and one Raj Kumar Mishra, 600 bags of Ammonium Nitrate were found stored in the shop and, therefore, a case was lodged under Section 4/5 of the Explosive Substance Act.

5. Mr. Rajesh Kumar, learned counsel appearing for the petitioners submits that accepting the entire allegations, made in the F.I.R., to be true, no offence is made out under Section 4 and 5 of the Explosive Substance Act, for the reason that the Ammonium Nitrate never happens to be an explosive substance, which would be