A license is deemed valid if a renewal application is submitted before its expiry and no refusal has been communicated.

O R D E R

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Petitioner is the accused in SC No.730/2010 of the Assistant Sessions Court, Attingal, which has arisen from Crime No.143/2008 of Kazhakkoottam Police Station, for the offence under Section 5 of the Explosive Substances Act , on the allegation that he was found keeping explosives on 19.04.2008, when his licence was not renewed.

2. It has been brought to the notice of this Court that the petitioner had original licence under the Explosive Substances Act till 31.03.2007. Thereafter, within the period of licence, he filed an application for renewal on 27.02.2007. Since no intimation was received, another application was filed on 27.02.2008 also. Thereafter, Annexure-3 intimation dated 20.02.2009 was issued to the petitioner by stating that his application for renewal was dismissed.

3. As per Rule 112(5) of the Explosives Rules, 2008, if the application for renewal reaches the renewing or licensing authority on or before the date of expiry, the licence shall be deemed to be in force until such date as the licensing authority renews the licence or until an intimation that the renewal of the licence is refused has been communicated to the applicant. Therefore, in this case, it should be deemed that the petitioner had licence till 20.02.2009, i.e., at least the date of Annexure-3. Matters being so, no offence is made out against the petitioner and the prosecution is bad in law. Therefore, the entire proceedings as against the petitioner in SC No.730/2010 of the Assistant Sessions Court, Attingal, which has arisen from Crime No.143/2008 of Kazhakkoottam Police Station, are liable to be quashed.

In the result, this Crl.M.C. is allowed and the entire proceedings as against the petitioner in SC No.730/2010 of the Assistant Sessions Court, Attingal, which has arisen from Crime No.143/2008 of Kazhakkoottam Police Station, are quashed.