The possession of a country-made gun and involvement in an offence punishable under the Explosive Substance Act does not necessarily constitute a sensitive case warranting exclusive trial for bomb blast cases.

JUDGMENT

(Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C. praying to withdraw the case in S.C.No.2 of 2019 on the file of the Special Court for Exclusive trial of Bomb Blast Cases, Poonamallee, Chennai and to re-transfer to the Principal District Court, Thanjavur for conducting trial and dispose the same within a reasonable period as may be fixed by this Court.)

1. This Criminal Original Petition has been filed seeking to re-transfer the case in S.C.No.2 of 2019 on the file of the Special Court for Exclusive Trial of Bomb Blast Cases, Poonamallee, Chennai to the Principal District Court, Thanjavur for conduting trial and dispose the same within a reasonable period as may be fixed by this Court.

2. It is the contention of the learned counsel for the petitioner that the final report filed against the petitioner indicated that the petitioner is in possession of country made gun. Thereby, he has been prosecuted for the offences under Sections 25(1) (b) Arms Act, 5 of Explosive Act 1908. He would further submit that the petitioner is no way connected with any terrorist act or sensitive nature of case.

3. He also submitted the Division Bench order of this Court dated 14.06.2018 in W.P.No.19496/2017 wherein, it is stated that only sensitive cases in the sense including (i) those case involving an offence which shook the collective conscience of the society and the out come of such cases will have a profuse and far reaching impact on the society (ii) those cases, whose result is eagerly awaited due to the nature of offence involved therein, by large number of sections of the society other than the litigant to the case etc.,. Further, if the cases that are investigated by premier investigating agencies like CBCID, Anti Terrorist Squas, National Investigation Agency, Central Bureau of Investigation etc., then those cases can be considered as sentive cases and the can be made over to the Sessions Court for exclusive trial of Bomb Blast Cases, Chennai at Poonamalle or at Coimbatore. Hence, he seeks to re-transfer of case.

4. Heard learned counsel for the petitioner and the Mr.Leonard Arul Joseph Selvam, learned Government Advocate (crl.side) for the respondent.

5. As charge itself for mere possession of country made gun and it does not comes under sensitive case. Merely because of an offence punishable under the Explosive Substance Act is involved in a Sessions Case, it will not be a reason to transfer such a Sessions Case to the Sessions Court for exclusive trial of Bomb Blast Cases, Chennai at Poonamalle or at Coimbatore.

6. In such view of the matter, mechanical transfer of the case from learned Principal District Court, Thanjavur is not according to law. Hence, the Sessions Case in S.C.No.2 of 2019 pending on the file of the Special Court for Exclusive trial of Bomb Blast Cases, Poonamallee, Chennai, is ordered to be transfered to the Principal District and Sessions Court, Thanjavur, immediately and the learned Principal District and Sessions Judge, Thanjavur is directed to proceed the trial expeditiously as per law.

7. Accordingly, this Criminal Original Petition is allowed.