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IN THE HIGH COURT OF ORISSA AT CUTTACK
V.NARASINGH
Minaketan Sahu – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. introduction of parties and legal issue (Para 1 , 2) |
| 2. arguments regarding release of firecrackers (Para 3 , 4 , 5 , 6) |
| 3. court's directive on firecracker sales (Para 7) |
| 4. conclusion on impugned order (Para 8) |
JUDGMENT :
V. Narasingh, J.
1. Heard learned counsel for the Petitioner and learned counsel for the State.
2. Assailing the order dated 06.01.2026 passed by the learned S.D.J.M., Dharamgarh, Kalahandi in CMC No. 74 of 2025 rejecting the prayer of the Petitioner for release of the firecrackers in his favour, the present Criminal Revision has been preferred.
3. It is submitted by the learned counsel for the Petitioner that while passing the impugned order, the learned Court lost sight of the fact that the firecrackers are susceptible to quick decay.
4. The learned counsel for the State referring to the Explosives Act, 1884 as well as the Explosives Rules, 2008 framed thereunder submits that there is no infirmity in the order, warranting interference.
5. It is submitted by the learned counsel for the Petitioner referring to the order dated 08.06.2015 in the case of K. Baskar Vs. State by The Inspector of Police Virudhachalam Police Station Cuddalore District passed
Court allows the release of seized firecrackers subject to legal compliance, emphasizing their perishable nature and the necessity of accountability in transactions.
The necessity of possessing a valid license for the transportation and sale of explosive substances, as mandated by the Explosive Act, 1884, is critical for legal compliance and environmental protect....
The court emphasized the need for expeditious release of seized property under Section 451 CrPC to prevent waste, affirming the petitioner's ownership and the absence of rival claims.
Safety measures in heavily populated areas justify the denial of a firecracker sales license under the Indian Explosives Act.
Prior judgments bind authorities; standard objections to fireworks permissions for festivals unsustainable, allowing conditional approvals.
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