JAGDISH SINGH KHEHAR, J.

1. On a complaint made by H.L. Tiwari FIR No.546 was registered at Police Station CCS, Port Blair on 21.6.2011. The FIR and the action taken thereupon indicate, that a cargo ship (christianed, Gati Zipp) had set sail from Chennai and was to reach Port Blair on 20.6.2011. It was alleged, that the aforesaid cargo ship was carrying cartons shipped by VMR Shipping Agency. It was also alleged, that the cartons of VMR Shipping

Agency contained unauthorized substances. At the time of the receipt of the information, the cargo ship was allegedly berthed at Haddo Jetty, Port

Blair. Based on the said information recorded in the First Information Report, a raiding party comprising of one Inspector, one Sub-Inspector, two Head Constables, two Constables, one police driver (of the rank of Head Constable) and one official photographer was organized. On reaching Haddo Jetty the raiding party associated with itself, one Sub Inspector, three Head Constables and one Constable of the SB-CID staff stationed there. Two independent persons Nikhi Sakar, a Tally Clerk at Port Blair and Manoj Kumar were also associated with the raiding party.

2. The raiding party, having reached Haddo Jetty, started looking for the cartons/containers shipped by VMR Shipping Agency, which had arrived at Port Blair in Gati Zipp. The raiding party identified a container belonging to VMR Shipping Agency, which had been unloaded from the concerned cargo ship (Gati Zipp). The container in question, was further being loaded into a truck bearing registration no.AN-01E-1847. G..S. Babu was supervising the loading operations of the aforesaid container. As per the declaration in the manifest list, the carton in question, contained four drums of grease. The four drums found in the container were photographed by the official photographer. The said drums were then checked in the presence of independent witnesses. The alleged contents of the four drums (revealed upon search by the raiding party) are being summarized hereunder:

i) First drum: Three packets of grease, 406 pieces of gelatine sticks and 122 bundles of electronic detonators (each bundle containing 25 detonators, i.e., in all 3000 detonators).

ii) Second drum: 405 gelatine sticks and 120 bundles of electronic detonators (in all 3000 detonators)

iii) Third drum: 823 gelatine sticks

iv) Fourth drum: 823 gelatine sticks.

The drums as well as the explosive substances recovered from the drums, were counted and seized, in the presence of independent witnesses. Before that, five gelatine sticks were taken from the first drum and secured in a separate packet for chemical analysis. Likewise, five electronic detonators were taken from the first drum and secured in a separate packet for chemical examination. The person who was supervising the reloading of the container into the truck bearing registration no. AN-01E-1847 allegedly identified himself as G.S. Babu. He also disclosed, that he was employed as Manager by VMR Shipping Agency.

3. With the assistance of G.S. Babu, and in the presence of the official photographer and the independent witnesses, the raiding party allegedly identified another container belonging to VMR Shipping Agency. The said carton/container had also been off-loaded from Gati Zipp. As per its declaration in the manifest list, the second carton, contained salt. The aforesaid container was also opened in the presence of independent witnesses. It was found, that the contents of the instant container were enclosed in a large plastic bag. The large plastic bag in turn contained smaller plastic bags. The small plastic bags had the inscription “imported coated drilled ammonium nitrate” and “net weight 50 kilograms” printed on them. 200 such small bags were allegedly found in the second container. The official photographer also clicked photographs of the contents of the second container. The aforesaid bags contained in all, 10,000 kgs of ammonium nitrate. The aforesaid ammonium nitrate wa