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2018 Supreme(Mad) 4590

N.ANAND VENKATESH
C. Arjunan – Appellant
Versus
State represented by The Inspector of Police, Karumalaikoodal Police Station – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr.P.Thangavel
For the Respondent:Mr.C.Raghavan Government Advocate

ORDER :

This petition has been filed challenging the proceedings in S.C.No.150 of 2017, pending on the file of the Assistant Sessions Court, Mettur, Salem District.

2. Based on the complaint given against the petitioner, an FIR came to be registered against the petitioner for an offence under Section 4(b) of the Explosive substance Act, 1908. The case was investigated and a final report came to be filed by the respondent police for an offence under Sections 4(b), 5 and 6 of the Explosive Substance Act and Section 9 B of Explosive Act. The said final report was taken cognizance by the Judicial Magistrate No.2, Mettur and thereafter the case has been committed to the Assistant Sessions Court, Mettur.

3. The learned counsel for the petitioner submitted that admittedly in this case, the following substances were found in possession of the petitioner:

    (1) 316 bags of Ammonium Nitrate each 50 Kgs,

(2) Unnamed explosive materials 10 bags each 50 kgs,

(3) Two bags of PVC rasin each 25 kgs,

(4) 2 bags of Aluminium powder each 15 kgs totally 330 bags without valid licence from the competent authority.

4. The learned counsel by pointing out the above substance would submit that Ammonium Nitrate is n

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