Negligent storage of explosives constitutes a bailable offense under IPC, lacking intention or suspicious circumstances under the Explosive Substances Act.

O R D E R

Dated this the 10th day of February 2021 ..

This Bail Application filed under Section 438 of the Code of Criminal Procedure (Cr.P.C.) was heard through Video Conference.

2. The applicant is the 2nd accused in Crime No.414 of 2020 of Vengara Police Station, Malappuram District for having allegedly committed offences punishable under Section 286 of the Indian Penal Code ( IPC ) and Sections 4 (b) and 5 of the Explosive Substances Act , 1908.

3. The prosecution case in brief is that, on

7.12.2020, the Sub Inspector of Police of Vengara Police Station and his party while on patrol duty within the limits of their police station, got reliable information from a person who did not want to disclose his identity, about the illegal quarrying operation being conducted in the property of the 1st accused at Kuttur. The police party proceeded towards the said quarry and reached there at about 3 p.m. On seeing the police personnel, two persons fled away from there. Inspection was conducted and the police allegedly recovered electrical detonators, fuse wires and nitrate mixture packets etc; from there. It is alleged that a portion of the explosive substances was in a wet condition, and had been abandoned negligently. The police seized the articles and the above crime was registered. The applicant is alleged to be the person responsible for the same who had taken the contraband and registered the Crime. The 1st accused who is the owner of the property had handed over the property on lease to the applicant for conducting a quarry. There is a lease agreement. The applicant has also got licence to conduct the quarry. The explosives for use in the quarry ought to have been kept and stored inside a magazine and brought to the quarry site only for the purpose of explosion. But the police found explosive substances in an abandoned state. The applicant states that no offence has been made against him and there is no allegation that he was found in the quarry under the suspicious circumstances. Two persons who fled away from the quarry are not identified. The applicant has no criminal antecedents and, therefore, he may be released on anticipatory bail.

4. Heard the learned counsel for the applicant and the learned Public Prosecutor.

5. The learned Public Prosecutor submits that the applicant has negligently stored explosive substance in the property taken on lease by him from the 1st accused. The abandoned explosives could have caused loss of life on explosion.

6. The learned counsel appearing for the applicant submits that, the offence under Sections 4(b) and 5 of the Explosive Substance Act are not attracted to the instant case because ingredients of both the sections demands something more than just keeping the electrical detonator, fuse wires and nitrate mixture packets etc in a quarrying place.

7. After having heard both sides, I find that prima facie an offence under Section 286 IPC may be attracted in this case because there was no one to control the explosive substance and even a part of which was found negligently abandoned at the quarry site in a wet condition. Therefore, it would squarely come under the purview of . The offence under is, however, bailable. The offence under Sections 4 (b) and 5 of the Explosive Substances Act are grave in nature. To attract the offence under (b) any person who unlawfully and maliciously makes or has in his possession or under his control any explosive substance or special category explosive substance with intent by means thereof to endanger life, or cause serious injury to property, or to enable any other person by means thereof to endanger life or cause serious injury to property in India is required. Section 5 requires the person to make or possess explosive substances under suspicious circumstances. Only then would an offence under of the Explosive Substance Act be attracted. The case of the applicant, who is a licence holder to conduct quarry operation taken on lease from the 1st accused, is