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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION

CRIMINAL APPLICATION NO.489 OF 2007

CRIMINAL APPLICATION NO.489 OF 2007

CRIMINAL APPLICATION NO.489 OF 2007

1. Mahya Lakhiya Radiya

2. Prakash Laxman Gurjar

3. Bhavarsinh Bharatsingh

4. Ramanbhai Chhaganbhai Patil

5. Gopal Kishan Halpati

6. Vijaysinh Parsuram Rama

7 Badhya Mahya Radiya ..Applicants

V/s

1. State of Maharashtra

2. Union Territory of Dadra

and Nagar Haveli ..Respondents.

Mr. S.V.Marwadi, Advocate for the applicant.

Mrs. M.H. Mhatre for the State.

Mr. D.A. Nalavade, APP for respondent No.2.

CORAM : J.H. BHATIA, J.

CORAM : J.H. BHATIA, J.

CORAM : J.H. BHATIA, J.

DATE : 21ST FEBRUARY, 2007.

DATE : 21ST FEBRUARY, 2007.

DATE : 21ST FEBRUARY, 2007.

P.C.

. Leave to add respondent No.2. Amendment be

carried out immediately.

2. Heard Mr. Marwadi, learned Counsel for the

applicant and Mr. Nalawade, learned APP for the Union

Territory. The applicants, who are arrested in Crime

No.30/2007 registered at Silvassa Police Station

Silvassa on 2nd February, 2007 seek to be released on

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bail.

3. The prosecution case, in brief, is that one

Rajendra Singh Dodi was carrying on the business of

quarrying in agricultural lands without any licence from

the competent authority under Explosive Act, 1884. It

came to the notice of Revenue Authorities and therefore,

they raided the spot. The present applicants, who were

working there, were arrested. Main accused, Rajendra

Singh is absconding. The offence is registered under

Section 4, 5, and 6 of the Explosive Substances Act 1908

on the ground that the present applicants were found in

possession of explosive substances and were using the

same for effecting explosion for the purposes of

quarrying in the said field. The application for bail

filed by the present applicants came to be rejected by

the learned Chief Judicial Magistrate, Silvassa, as well

as by the learned Sessions Judge, mainly on the ground

that the offences under section 4, 5 and 6 of the

Explosive Substances Act 1908 are serious and are

punishable with imprisonment for life. It was also

noted that the main accused Rajendra Singh is yet to be

arrested and two of the accused persons are not resident

of Union Territory.

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4. Perused the record. The learned Counsel for the

applicants contended that the case falls under

Explosives Act 1884 and not under the Explosive

Substances Act 1908 while learned public prosecutor

contended that the case falls under Explosive Substances

Act . On careful perusal of the provisions of these two

Acts it appears it appears that prima facie case falls

under section 9-B of the Explosive Act, 1884