APHC010154512009 IN THE HIGH COURT OF ANDHRA PRADESH [3368]

AT AMARAVATI (Special Original Jurisdiction)

WEDNESDAY, THE ELEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI CRIMINAL APPEAL NO: 524/2009 Between:

1. G ONUGUNTLA RAMESH,, S/O. RAMAIAH, KOTHAKOTA VILLAGE OF GIDDALUR MANDAL, PRAKASAM DISTRICT.

...APELLANT AND

1. T HE STATE OF A P REP BY PP, rep.by Public Prosecutor, High Court of A.P., Hyderabad.

...RESPODENT Appeal under Section 372/374(2)/378(4) of Cr.P.C praying that the High Court may be pleased to to present this Memorandum of Criminal Appeal aggrievedby the Judgment passed in SC.No.330 of 2008 on the file of the Courty of the Sessions Prakasam Division, Ongole dated 07.04.2009 in convicting the appellant Under Section 50 of Explosive substance Act covered by charge framed and is convicted of the same under Section 235 (2) of Cr.P.C.

IA NO: 1 OF 2009(CRLAMP 1074 OF 2009 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to enlarge the petitioner on bail by suspending the execution of sentence passed in SC.No.330 of 2008 on the file of the Courty of the Sessions Prakasam Division, Ongole dated 07.04.2009 pending disposal of the Crl.Appeal Counsel for the Appellant:

1. P NAGENDRA REDDY Counsel for the Respondent: 1. PUBLIC PROSECUTOR (AP)

The Court made the following Judgment:

This Criminal Appeal is filed under Section 374(2) of the Criminal Procedure Code (for brevity “Cr.P.C.”), challenging the judgment dated 07.04.2009 passed in S.C.No.330 of 2008 on the file of the Sessions Court at Ongole.

2. The appellant/convict was convicted for the offence punishable under Section 5 of the Explosive Substances Act, 1908, and sentenced to suffer rigorous imprisonment for a period of two years and to pay a fine of Rs.100/-, in default, to suffer simple imprisonment for one month.

3. The case of the prosecution, in brief, is that:

(a) It is the case of the prosecution that on 17.10.2005 at about 5.00 p.m., PW2-Assistant Sub-Inspector of Police received credible information about illegal possession of explosive substances near the west of Diguvametta Village. Immediately, PW2 along with PW1-Police Constable accompanied by Probation Sub-Inspector of Police-L.W.2, proceeded to the place. At about 5.30 p.m., they reached the place of arrest and noticed the accused carrying a plastic bag. They enquired with the accused about the contents of the bag. They searched the bag and found 20 gelatin sticks. PW2 seized the contraband and arrested the accused under the cover of Ex.P1 proceedings, prepared at the place of arrest. PW2 returned to the police station and registered a case in Crime No.132 of 2005 for the offence punishable under Section 5 of the Explosive Substances Act, 1908, vide Ex.P2-FIR. The original Ex.P2 was submitted to the Court.

(b) Later, the gelatin sticks were defused on 21.11.2005 with the assistance of Head Constable vide Ex.P3, while submitting a small quantity to the FSL, Hyderabad, for chemical examination. The Analyst issued Ex.P4, opining that the sample contained ammonium nitrate and nitroglycerin, which is explosive and dangerous to human life. Later, the Sub-Inspector of Police- PW3, made an application to the District Magistrate and Collector, Prakasam District at Ongole, for sanction to prosecute the accused. The Collector and the District Magistrate issued Ex.P5-prosecution order, dated 26.05.2006, according permission to prosecute the accused for the offence punishable under Section 5 of the Explosive Substances Act, 1908. On completion of the investigation, PW4 and another Sub-Inspector of Police laid charge sheet before the Court.

4. During the trial, PWs 1 to 4 were examined and Exs.P1 to P5 and C1, apart from MO1, were marked for the prosecution.

No evidence was adduced for the accused.

5. The trial Court, on consideration of the evidence on record, found