1. This Criminal Appeal, under Section 374(2) of Cr.P.C., is filed by the appellant/accused, challenging the judgment, dated 11.11.2009, passed in S.C.No.419 of 2008 by the IV Additional Metropolitan Sessions Judge, Hyderabad, whereby, the Court below convicted the appellant/accused for the offence punishable under Section 5 of the Explosive Substances Act, 1908, and sentenced him to undergo Rigorous Imprisonment for two (02) years and to pay fine of Rs.2,000/-, and in default, to undergo simple imprisonment for three month.

2. Heard the learned counsel for the appellant/accused, the learned Additional Public Prosecutor representing the respondent-State and perused the record.

3. The learned counsel for the appellant/accused would contend that the findings of the Court below are contrary to the law and the facts of the case. No panch witnesses were examined in this case. No sanction was accorded by the Collector and District Magistrate concerned to prosecute the appellant/accused for the offence under Section 5 of the Explosive Substances Act, 1908, as required under Section 7 of the Explosive Substances Act, 1908. All the witnesses examined in this case were police personnel and no independent witnesses were examined. The prosecution miserably failed to prove the guilt of the appellant/accused beyond reasonable doubt. The Court below erroneously convicted and sentenced the appellant/accused as aforementioned and ultimately prayed to allow the appeal by setting aside the conviction and sentence imposed by the Court below against the appellant/accused.

4. On the other hand, the learned Additional Public Prosecutor representing the respondent-State would submit that there are direct witnesses to the alleged offence. On 01.02.2002 at 03:45 PM, 30 gelatin sticks, 115 detonators, 20 bundles of fuse wire and about 8 kilograms of Gun Powder were seized from the house of the appellant/accused, situated at GF-4, Gowtham Nagar, Filmnagar, Hyderabad. The same is substantiated by examining P.W.1 to P.W.4. There is also Ex.P.4 sanction order issued by the Collector and District Magistrate concerned under Section 7 of the Explosive Substances Act, 1908, to prosecute the appellant/accused for the offence punishable under Section 5 of the Explosive Substances Act, 1908. The prosecution has been able to bring home the guilt of the appellant/accused beyond reasonable doubt for the offence punishable under Section 5 of the Explosive Substances Act, 1908. The Court below, after analyzing the entire evidence on record, convicted and sentenced the appellant/accused of the alleged offence. There is no infirmity in the judgment under challenge and ultimately prayed to sustain the same.

5. In view of the above rival contentions, the points that arise for determination in this appeal are as follows:

1. Whether the prosecution was able to prove beyond reasonable doubt that on 01.02.2002 at 03:45 PM, 30 gelatin sticks, 115 detonators, 20 bundles of fuse wire and about 8 kilograms of Gun Powder were seized from the house of the appellant/accused situated at GF-4, Gowtham Nagar, Filmnagar, Hyderabad.

Point:-

6. To prove the guilt of the appellant/accused, the prosecution examined P.W.1 to P.W.4 and got marked Ex.P.1-Search proceedings, Ex.P.2-Seizure Panchanama, Ex.P.3-Reprot, Ex.P.4-Sanction Order, Ex.P.5-Explosive Expert Report, Ex.P.6-FSL Report and Ex.P.7-First Information Report. On behalf of the appellant/accused, no oral and documentary evidence was adduced.

7. P.W.1-I.T.V.S.Suryanarayana deposed that he worked as the Inspector of Police, Task Force, East Zone, Hyderabad City, from April, 2000, to April, 2002; on 01.02.2002, at 02:15 PM, while he was in his office on duty, he received credible information that the appellant/accused was selling explosive substances without valid license; he secured two panch witnesses, drafted search proceedings under Ex.P.1, obtained signature of the panch witnesses on the same, reached the house of the appellant/