Crl.RC.No.545 of 2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.06.2023

CORAM

THE HONOURABLE MR.JUSTICE V.SIVAGNANAM

Crl.R.C.No.545 of 2023

P.Rajeswaran

... Petitioner

/vs/

The Inspector of Police,

Thanipadi Police Station,

Thanipadi, Thiruvannamalai District.

... Respondent

Prayer : Criminal Revision Petition filed under section 397 read with 401 of

Cr.P.C., to call for the entire records relating to the Order made in

Crl.M.P.No.864 of 2021 dated 04.08.2021 on the file of the District Munsif

cum Judicial Magistrate, Thandrampattu, Thiruvannamalai District and set

aside the same and consequently direct the respondent to return 956 kilo of

explosives, safety Fuse 2 Box, Neo MS DD Fuse 2 Box [2000 Nos.], CDET –

1 Box [ 1500 Nos.], CDET Loose 900 Nos. ], SOD 3 Box [300 Nos.] to the

petitioner.

For petitioner

... Mr.C.Prakasam

For respondent

... Mr.R.Vinothraja

Government Advocate [Criminal Side]

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Crl.RC.No.545 of 2023

ORDER

Challenging the Order made in Crl.M.P.No.864 of 2021 dated

04.08.2021 on the file of the District Munsif cum Judicial Magistrate,

Thandrampattu, Thiruvannamalai District and to consequently direct the

respondent to return 956 kilo of explosives, safety Fuse 2 Box, Neo MS DD

Fuse 2 Box [2000 Nos.], CDET – 1 Box [ 1500 Nos.], CDET Loose 900

Nos.], SOD 3 Box [300 Nos.] to the petitioner.

2. The learned counsel for the petitioner submitted that the

petitioner is the authorised person for keeping explosive substances

and running the business in the name 'Rajeswaran Explosives'. On

23.02.2021, the respondent police inspected the business place and

found that the petitioner possessed 956 kilos of explosive substances in

the godown. Though the petitioner is having licence to keep 1000 kilos

explosive substances in his godown, the respondent police illegally

sealed the godown. Further, the petitioner also filed a petition in

Criminal Original Petition in Crl.O.P.No.21750 of 2022 and in the

above petition, this Court by its Order dated 12.09.2022 directed the

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Crl.RC.No.545 of 2023

respondent to complete the investigation and file the final report. Till

date, the respondent neither filed the final report nor desealed the

godown of the petitioner. Hence, the present revision has been filed to

deseal the godown of the petitioner and to return the substances seized

from the godown.

The learned Government Advocate [Criminal Side] appearing for

the respondent submitted that the investigation has been completed and

has been sent for getting opinion of the Public Prosecutor.

Heard the learned counsel for the petitioner and the learned

Government Advocate [Criminal Side] for the respondent.

On a perusal of the First Information and other materials

available on record, it is seen that the respondent police inspected the

godown of the petitioner on 23.02.2021 and found the following

explosive substances in the godown :

“Ideal Power – 90-33 825 kilo, Sub – 90 131 Kg

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Crl.RC.No.545 of 2023

totally 956 kilo and safety Fuse 2 Box, Neo MS DD Fuse 2

Box [2000 Nos.], CDET – 1 Box [1500 Nos.], CDET Loose

900 Nos.], SOD 3 Box [300 Nos.]”

Totally there was 956 kilo explosive substances and registered a case

in Crime No.74 of 2021 for the offence under section 5 and 6 of

Explosive Substances Act 1908. The petitioner was arrested and

subsequently, released on bail. Further, it is noticed that the petitioner

is having licence issued by the Government for keeping 1000 kilo

explosive substances in his godown. It is not disputed by the

prosecution that the petitioner is having licence for keeping 1000 kilo

explosive substances. It is also not disputed that at the time of

inspection, the petitioner had possessed onl