The central legal point established in the judgment is the need for strict enforcement of the Explosives Act and Rules to prevent the illegal import of Chinese crackers, protect the fireworks industry and employment, and ensure national security.

N. Kirubakaran, J.

1. “Fire work”, instead of lighting up the sky darkens the bright sky of Virudhunagar. The culprit fire work is prohibited illegal Chinese crackers. The authorities have to foresee the problems in advance and to take necessary steps to prevent unwanted and dangerous consequences/results and at least to act swiftly in case of any danger. Our country is thickly populated one, coming next to China. We are facing security problems not only externally, but also internally. At a time, when our enemies are bent upon destabilizing our country economically as well as security wise, we should be very careful to allow any foreigner as well as foreign materials with great caution and after proper verification. Are we cautious enough? The facts of the case would reflect the reality.

2. By way of this Public Interest Litigation, the petitioner wants a writ of mandamus directing the respondents 1 to 12, to strictly enforce the third respondent's circular in No.17 (10) 2007 Explosives, dated 05.03.2010 and further direct the respondents 2 to 11, seize all illegally imported explosives items (particularly Chinese crackers) and destroy the same as per the Explosive Act. The petitioner claiming himself to be a member of the Executive Committee of Adhi Thamilar Peravai states that he is involved in many social activities and also fighting for welfare of fire works employees. He would contend that out of 982 Fireworks Factories in India and 800 factories are running in and around Virudhunagar. About, 5 Lakhs of people are directly or indirectly depending upon the said industry for employment. Sivakasi is fulfilling 90% of all India demand and considerable portion of fireworks are also exported to foreign countries.

3. It is contended by the petitioner that on 14.05.2014, the Assistant District Magistrate (Tahsildar) Sivakasi inspected a sales Depot belonging to one Mr. Ganesh Babu, son of Soundara pandian, Periyandavar Colony, Sivakasi and found that he was possessing and selling the prohibited Chinese fireworks, which were said to have been purchased from a owner of fireworks, Sivakasi and the said fireworks were seized. However, the complaint was lodged only on 17.05.2014 and FIR was registered on the same date. Though police authorities were present there, they did not take any step as per Explosives Rules; The higher authorities, regarding the inspection and seizure of the Chinies crackers, should have been informed by the Assistant Magistrate (Tahsildar) and take necessary steps to lodge a complaint with the police; The Deputy Chief Controller of Explosives also did not take any action regarding the availability of Chinese crackers by having further search; Though the officials inspected the place on 14.05.2014, the case was registered only on 17.05.2014 belatedly. Complaining inaction on the part of the respondents-authorities regarding seizure of Chinese crackers and non- compliance of the Explosive Rules, the petitioner has approached this Court, seeking a direction to enforce the circular and hand over the investigation to CBI.

4. Mr. S.M. Anantha Murugan, learned counsel appearing for the petitioner would submit that prohibited Chinese crackers which were imported contrary to the rules were seized and no necessary action was taken by the respondents; seizure of Chinese crackers would show that the said crackers, without valid license are being smuggled into India in violations of various provisions of the Explosives Act and Explosives Substances Act and Rules. He demonstrated that if the Chinese crackers are allowed to be sold in India, it would pose a big threat to fire work industry and endanger the safety of the children. Relying upon the materials downloaded from internet, he pointed out that prohibited Chinese items are available in various parts of the country. Therefore, he seeks the case to be transferred to CBI.

5. Taking note of the seriousness of the issue and the situation, this Court directed the Distri