2025:CGHC:60263 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 73 of 2020 State Of Chhattisgarh Through The District Magistrate, District Raigarh Chhattisgarh., District : Raigarh, Chhattisgarh ... Appellant versus

1- Dharampal Nayak S/o Anantram Nayak Aged About 40 Years R/o Village Jhanakpkur, Police Station Baramkela, District Raigarh Chhattisgarh., District : Raigarh, Chhattisgarh

2 - Shyam Sagar Chouhan S/o Ghurau Ram Chouhan Aged About 26 Years R/o Village Jhanakpkur, Police Station Baramkela, District Raigarh Chhattisgarh., District : Raigarh, Chhattisgarh

3 - Ramesh Nishad S/o Narad Nishad Aged About 26 Years R/o Village Jhanakpkur, Police Station Baramkela, District Raigarh Chhattisgarh., District : Raigarh, Chhattisgarh

4 - Amritdas Mahant S/o Chamrudas Mahant Aged About 46 Years R/o Village Timarlaga, Police Station Sarangarh, District Raigarh Chhattisgarh., District : Raigarh, Chhattisgarh ... Respondents {Cause title, as taken from Case Information System}

For Appellant : Mr. Sanjeev Pandey, Dy. Adv. General with Mrs.

Prabha Sharma, Panel Lawyer.

For Respondents : Mr. Roop Ram Naik, Advocate (Hon’ble Mr. Justice Naresh Kumar Chandravanshi)

Order on Board

10/12/2025

1. This acquittal appeal has been preferred by the appellant/State challenging the judgment of acquittal dated 28^th September, 2016 passed by Upper Sessions Judge, Sarangarh, District Raigarh (C.G.) in Special Case No. 08 / 2016 whereby respondents/accused persons have been acquitted of the charges under Sections 4 (b) & 5 of The Explosive Substances Act, 1908..

2. Case of the prosecution, in brief, is that on 08.12.2015, Assistant Sub Inspector – K.S. Bal (PW-7) alongwith accompanying police personnel while patrolling at villages, received information to the effect that respondents/accused persons are transporting explosive substance in Weg nor car bearing registration No. CG -13-U.G./6834 (for short, “offending vehicle”) from Odisha for selling it illegally in Stone Mines at Raigarh, therefore, they cordoned off at village Timarlaga – Hichha Road, Thana Sarangarh, District Raigarh, when aforesaid vehicle reached there, it was stopped, in which all four respondents/accused persons were found sitting. A search of the vehicle revealed explosive substance. Thereafter, search panchnama (Ex.P-2) was prepared. Notice under Section 91 of IPC (Ex.P-1) was served to the respondents regarding possession of explosive substance. As accused persons did not produce any valid documents to transport explosive substance, offending vehicle and bag kept in the said vehicle, a plastic bag in which 19 electronic detonators were kept in bundle, each containing 25 pieces, connected with red coloured electric wire, total 475 pieces of detonators, 5 bundles of green colour gunpowder kept in a plastic bag, 01 bundle of green colour gunpowder kept in a plastic bag, 50 kgs. each of ammonium nitrate kept in two bags, gel gunpowder packets kept in three plastic bags, packed in plastic foil, each packet weighing 125-125 grams, total 500 pieces with KELVEX written in English were seized from the possession of respondent in presence of witnesses vide seizure memo (Ex.P-3). On the spot itself, Dehati Nalishi No. 0/15 (Ex.P-14) under Sections 4(b) and 5 of the Explosive Substances Act, 1908 was registered against the accused persons and on reaching Police Station Sarangarh, FIR (Ex.P-15) was lodged against the respondents/accused under Section 4(b) & 5 of the Explosive Substances Act, 1908 and the matter was taken into investigation

3. During investigation, spot map (Ex.P-13) was prepared by the Police. Applications were written to the Judicial Magistrate First Class, Sarangarh and the Superintendent of Police, Raigarh for permission to deactivate the seized live detonators vide Ex.P-16 & Ex.P-17, respectively. Subsequently, the office of Superintendent of Police, Raigarh sent a letter to the Assistant General of Police, Intelligence (Special Branch), Police Headquarter regarding deactivat