ORDER

Petitioner herein is the holder of a license under the Explosives Act, 1884 permitted to possess the specified explosives within the category fixed by Annexure-A2 license. It was renewed upto 31.03.2015. On 30.07.2015, the Sub Inspector of Police inspected the premises of the petitioner's property and recovered explosive substances including cap, gum and detonator, from the magazine attached to the quarry run by the petitioner herein. Crime was registered on an allegation that he was running the quarry and holding the explosives without a valid license during the relevant period. Crime was registered for offence punishable under section 9B(1)(b) of the Explosives Act.

2. Petitioner has approached this Court contending that though the period of license had expired during the relevant time, he had remitted the requisite fee as provided under the Rules evidenced by Annexure-A3 on 04.03.2015 and was waiting for its renewal. It was contended that, in the light of Annexure-A3, he was entitled to get the presumption of deemed license as contemplated under section 112(b) of the Explosive Amendment Rules 2009.

Crl.M.C.5280/16

3. Regarding the place from where the explosive substances we