THE HONOURABLE SRI JUSTICE N.TUKARAMJI CRIMINAL PETITION No. 6964 OF 2025

ORDER

This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS, 2023’) seeking quashment of the proceedings against the petitioner in S.C.No.317 of 2019, on the file of the Principal District and Sessions Judge, Wanaparthy.

2. The petitioner is arrayed as accused No.1 in the Sessions Case registered for the offences punishable under Sections 3, 4 and 5 of Explosive Substances Act, 1908 and Section 286 of the Indian Penal Code, 1860.

3. Heard Mr.K.Kiran Kumar, learned counsel for the petitioner and Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor, representing the respondent/State.

4. The prosecution's case, in brief, is as follows: On 21st February 2017, at approximately 4:30 PM, acting on credible information regarding the illegal possession of explosive substances, the complainant, accompanied by police personnel, conducted a surprise inspection of the premises of M/s Neelam Goud Builders and Developers. During the search, the authorities discovered a substantial quantity of explosive materials stored improperly in a room, including (a) 280 gelatin sticks of the brand "Ideal Power 90, (b) 36 busters, (c) 162 detonators, (d) 3 meggar box batteries, (d) 180 kilograms of ammonium nitrate, and (e) 3 units of Ideal cord fuse. These explosives were kept without any precautionary measures, thereby posing a serious risk to human life and public safety. The seizure of these items was conducted in the presence of independent mediators.

Subsequent investigation revealed that the petitioner, hereinafter referred to as Accused No.1, is the proprietor of the aforementioned establishment. Accordingly, a police report was filed, and a case was registered under Crime No. 34 of 2017.

5. Learned counsel for the petitioner submits that the petitioner lawfully obtained leasehold right over the subject land for the purpose of conducting quarrying operations for stone, metal, and gravel. The said lease was granted by the Assistant Director of Mines and Geology, Wanaparthy, and is valid until 07.05.2033. The explosives in question were stored at the premises solely for legitimate use in connection with the petitioner’s authorized quarrying activities.

Further submits that, previously, the petitioner filed a discharge petition before the trial court, which was dismissed. Aggrieved thereby, the petitioner preferred a criminal revision petition. This Hon’ble Court, in Criminal Revision Case No. 556 of 2023, quashed all charges framed against the petitioner except the one under Section 5 of the Explosive Substances Act, 1908.

Additionally pleaded that this court had declined to discharge the petitioner under this section on the observation that the petitioner allegedly lacked a valid licence to conduct business involving explosives and that the operations were being run under the name of one Pulla Reddy and such observation is factually incorrect, hence present petition has been filed seeking consideration of the available material on record and for quashment of the criminal proceedings against the petitioner.

6. The learned Additional Public Prosecutor submits that this court in a prior petition, had already examined all relevant merits and material facts and after due consideration rendered the order that Section 5 of the Explosive Substances Act would sustain. As such, revisiting the very same issues would, in effect, amount to invoking the Court’s review or appellate jurisdiction, which is impermissible in the present context. It is further submitted that the petitioner retains the liberty to adduce all relevant materials and evidence during the course of trial, where factual determinations can be appropriately made based on the evidentiary record. Therefore, it is contended that the present petition lacks merit and is not maintainable in law and prays for the dismissal of the petition.

7. I have perused the materi