IN THE HIGH COURT OF MADHYA PRADESH

AT GWALIOR

BEFORE

HON'BLE SHRI JUSTICE RAJESH KUMAR GUPTA

th

ON THE 12 OF JANUARY, 2026

MISC. CRIMINAL CASE No. 41567 of 2024

IRFAN KHAN AND OTHERS

Versus

THE STATE OF MADHYA PRADESH

Appearance:

Shri Keshav Pathak - Advocate for the petitioners.

Shri Dinesh Savita - PP for the State.

ORDER advantage of the darkness and managed to escape, the accompanying witnesses identified the fleeing people in the light of the vehicle and torch and said that they were Shahid Khan son of Munna Khan and Irfan Khan, residents of Badarwas, explosive material about 40 kg of soda, about 30 kg of wick masala, 20 pieces of cotton, about 25 kg of powdered gunpowder like white powder, Coal about 07 kg, aluminium powder about 10 kg, sulphur like about 04 kg and material for making fireworks along with paper shells were found kept in separate plastic bags, worth about Rs 50,000/-. As the said material was kept carelessly at one place, the act of the accused was found punishable under Section 4/5 of the Explosive Substances Act, hence the Tehsildar present on the spot arrested the accused.

1. The instant petition has been preferred by petitioners under Section

482 of the Cr.P.C. for quashing the FIR registered at Crime No.195/2024 at Police Station Badarwas District Shivpuri under Section 4 and 5 of Explosive Substances Act, 1908 and further all consequential proceedings

arising out of it.

2. The prosecution case in brief is that on 11-06-2024, Ravi Chauhan,

posted as Inspector in Badarwas police station, reached the town along with Tehsildar Badarwas Pradeep Bhargava, from where the Tehsildar took along witnesses Firoz Khan and Shakir Khan, the Tehsildar informed them that some people were making fireworks on the banks of a drain in the forest of Dhamantuk and to verify the information, they reached the banks of a drain in the forest of village Dhamantuk, they heard the sound of some people talking, they surrounded them and tried to catch them, but they took

3. After duly seizing the material in the light of a torch in front of witnesses, a seizure panchnama was prepared and since the seized material was explosive, it was handed over to Balaji Enterprises (Magazine House) village Bamor by issuing a letter and was kept in the magazine for safekeeping. Apart from the explosive material, a sack of cotton balls and a sack of paper shells along with material for making fireworks were brought back to the police station and a First Information Report was registered against the accused/applicants under Crime No. 195/2024 Section 4/5 Explosive Substances Act and the case was taken up for investigation. The police was eager to arrest the applicants due to which the applicants submitted an application for anticipatory bail before this Court on date-01- 08-24, while hearing the said anticipatory bail and looking at the facts, it was found by the co-ordinate Bench of this Court that the case registered against the applicants by the police under Section-4/5 of the Explosives Act-1908, prima facie on the basis of the seized material, the provisions of the said Act are not reflected against the applicants and only on the basis of the seized material, it has been clearly mentioned in Section-4 under the definition of explosives defined in the Explosives Act 1984 against the applicants and the said Under the Explosives Act 1984 as defined in Section 4, the material seized from the applicants can only be used for manufacturing fireworks, therefore, under Section 9B of the Explosives Act, a provision has been made for punishment of imprisonment for 03 years or fine which may extend to Rs. 5,000/- or both for the said offence. In view of the above facts, the Hon'ble High Court passed an order for the release of the applicants on the anticipatory security application. A true copy of the order dated 01-08-2024 passed by this Court is enclosed as Annexure P-2. Since prima facie the provisions of Section 4/5 of the Explosive Substances Act, 1908 under case n