1

IN THE HIGH COURT OF JHARKHAND AT RANCHI

Criminal Revision No. 586 of 2022

---------

1. Rupak Singh, aged about 53 years, son of Late Sadanand Prasad

Singh

2. Nand Kishore Mehta, aged about 40 years, son of Sri Tulsi Mehta

Both are resident of village-Masnodih, P.O. Masnodih, P.S.

Domchanch, District-Koderma.

.……

Petitioners

Versus

The State of Jharkhand

…….

Respondent

---------

CORAM: HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD

HON’BLE MR. JUSTICE NAVNEET KUMAR

----------

For the Petitioner

: Mr. R.S. Mazumdar, Sr. Advocate

For the Resp.-State

: Mr. Shiv Shankar Kumar, A.P.P.

-----------

12/Dated: 29^th November, 2023

1. The instant application has been filed under Section 397 read with

Section 401 of the Code of Criminal Procedure assailing the order dated

18.04.2022 passed by the learned Additional Sessions Judge-I, Dumka in

connection with Sessions Trial No. 163 of 2019 arising out of

Shikaripara P.S. Case No. 45 of 2014, whereby and whereunder, the

petition filed under Section 227 of the Code of Criminal Procedure for

discharge of the petitioners from the criminal liability has been rejected

by holding therein that there is ground for presuming that both the

petitioners have committed offences punishable under Sections 4,5 and

Section 6 of the Explosive Substances Act.

2. The aforesaid case was listed before the learned single Judge of this

Court but later on vide order dated 19.05.2023 the learned Single Judge

in the light of judgment as rendered by the Full Bench of this Court in

the case of Rakesh Saw @ Sahu Vs. State of Jharkhand reported in

2023(1) JBCJ 88(F.B), had directed the office to place this matter

before the division bench with the permission of Hon’ble the Chief

Justice and accordingly, the instant case has been assigned to this bench.

3. Although the case has been filed under Section 397 read with Section

401 of the Code of Criminal Procedure by way of revision but the

learned Single Judge while dealing with the application by taking into

consideration the judgment rendered in the Rakesh Saw @ Sahu Vs.

2

State of Jharkhand (supra) has referred the matter to be listed before the

Division Bench. Although the nomenclature of this case is Criminal

Revision but it is being treated as Criminal Appeal in the light of the

aforesaid judgment, as such, this Court is looking into the impugned

order under the appellate jurisdiction.

4. The factual matrix leading to filing of the instant case in brief reads as

under:

On the basis of secret information, a pick-up van bearing registration

no. JH-12B-9369 was intercepted and driver disclosed his name as Nand

Kishore Mehta and failed to produce any document and told that

documents were in possession of vehicle owner namely Rupak Singh

and disclosed that loading was made at Koderma. It is further alleged

that for the purpose of safety and verification vehicle was brought and

kept at police station and till 4:00 PM of 13.05.2014 when owner of

vehicle did not turn up along with paper search was made after getting

the lock of pick-up van opened by the driver in presence of two

independent witnesses and allegedly 100 cartoons on which

EMULDYME explosives written each containing 200 pieces of Gelatin

were recovered and thereafter they were seized and seizure list was

prepared accordingly and the case has been registered.

5. Mr. R.S. Mazumdar, learned senior counsel appearing for the petitioners

has taken the ground that even if the entire material taken into

consideration on the basis of the case instituted as would be taken from

the FIR and the material collected in course of investigation as referred

in the case diary, no case is made out.

6. It has been contended that the petitioner no.1 is registered owner of the

seized pick-up van bearing registration No. JH-12B- 9369 and possesses

license for carrying explosives up to 2250 kg issued