Retail license for fireworks does not authorize the possession of manufacturing chemicals; however, claims for return of retail stock (crackers) must be considered based on supporting purchase evidence.

PRAYER :-
To call for the records relating to set aside the order passed in Crl.M.P.No. 476 of 2026 on the file of the Judicial Magistrate, Uthamapalayam, Theni District, dated 25.05.2026 in Crime No. 121 of 2026 on the file of the Respondent Police and allow this Criminal Revision Petition.

ORDER

This Criminal Revision Case is filed seeking to call for the records relating to set aside the order passed in Crl.M.P.No. 476 of 2026 on the file of the Judicial Magistrate, Uthamapalayam, Theni District, dated 25.05.2026 in Crime No. 121 of 2026 on the file of the Respondent Police and allow this Criminal Revision Petition.

The learned counsel for the petitioner submitted that the petitioner had filed an application under Section 497 read with 503 of BNSS before the learned trial Court for return of roperties which are seized from his shop. The learned counsel for the petitioner submitted that he is the owner of Alagu Crackers Shop situated in Door No. 266/W1, Poomalaigundu Main Road, Veppampatty, Theni District. He had also obtained proper firework shop license vide the office proceedings of the District Revenue officer in Mu.Mu.No.1489/2025/A2 dated 27.06.2025. However the respondent police had unauthorizedly entered into the petitioner's shop premises and had seized the crackers and other materials kept in his shop. For the purpose of returning the same, the petitioner had filed an application in Crl.M.P.No.476 of 2026 before the learned Judicial Magistrate, Uthamapalayam, Theni District. The same was dismissed. Hence, this Criminal Revision Petition.

The Learned Government Advocate submitted that there is no infirmity in the impugned order because the petitioner is not at all a manufacturer of fireworks, but only he had possessed a license for sale of crackers. Possessing a license for retail sale of crackers, he is in custody and possession of several chemicals which are meant for manufacturing crackers, causing grave threat to the safety and security to himself and the community living in and around the petitioner's premises. Considering those facts on merits, the Judicial Magistrate had properly dismissed the petitioner's application seeking return of property and sought for dismissal of Criminal revision.

Heard either sides and carefully perused the materials available on record.

As submitted by the learned Government Advocate, this Court is clear that there is no infirmity in the impugned order as far as the rejection of the petitioner's claim for the chemicals seized. As far as the claim for crackers is concerned, the learned Judicial Magistrate is directed to consider the petitioner's application afresh. The petitioner is directed to produce the necessary bills and other vouchers which would substantiate his claim that he had purchased crackers properly.

With the above observation, this Criminal Revision Case is partly allowed, by remanding back the case to the learned trial Court for the above mentioned limited purpose.