Petition filed under Section 482 Cr.P.C.

2. Petitioners are the accused in CC No. 1186 of

2016 on the file of the Judicial First Class

Magistrate Court-III, Punalur. They are

alleged to have committed the offence under

Section 9B(2) of the Explosives Act. The

allegation is that on 12.04.2016, they were

found to be in possession of a certain

quantity of Potassium Nitrate and Aluminum

Powder. The proceedings are sought to be

quashed on the ground that these materials are

not explosives.

..3..

3. Heard the learned counsel for the petitioners

and the learned Public Prosecutor.

4. Section 9B(2) of the Explosives Act provides

for

punishment

for

contravention

of

notification issued under Section 6 of the

Explosives Act. So, unless Section 6 of the

Explosives Act is attracted, the offence under

Section 9B(2) of the Explosives Act is not

attracted. Section 6 of the Explosives Act

provides that the Central Government may issue

notification

prohibiting

manufacture,

possession or importation of any explosives.

5. Learned counsel submits that the Aluminum

powder and Potassium Nitrate, which were

seized from the petitioners, are not

explosives. He relies on Annexure I

communication sent by the Deputy Chief

Controller of Explosives, Ernakulam and

Annexure J communication sent by the Joint

Controller of Explosives, Chennai in support

..4..

of his arguments. These documents prove that

the Potassium Nitrate and Aluminum powder are

not explosives. They are only ingredients used

for manufacture of explosives. It also may be

noted that the final report does not even

mention a notification issued by the

Government under Section 6 of the Act. The

proceedings against the petitioners are liable

to be quashed.

In the result, this Crl.M.C. is allowed. The

proceedings in CC No. 1186 of 2016 on the file

of the Judicial First Class Magistrate

Court-III, Punalur are quashed. The learned

magistrate may pass appropriate orders for the

disposal of the material objects, if any,

produced in the case.

Sd/-

K.ABRAHAM MATHEW

JUDGE

Bka/26.10.2018

..5..

APPENDIX

PETITIONER'S/S EXHIBITS:

ANNEXURE A:

TRUE COPY OF THE F.I.R. IN CRIME

NO.708/2016 OF PUNALLUR POLICE

STATION, KOLLAM DISTRICT.

ANNEXURE B:

TRUE COPYOF THE FINAL REPORT IN CRIME

NO.708/2016 OF PUNALUR POLICE

STATION,KOLLAM

ANNEXURE C:

TRUE COPYOF THE CERTIFICATE OF

REGISTRATION OF THE ESTABLISHMENT

OWNED BY THE 1ST PETITIONER HEREIN

ANNEXURE D:

TRUE COPY OF THE LICENSE ISSUED IN THE

NAME OF THE 1ST PETITIONER BY THE

COMPETENT AUTHORITY WHICH IS VALID UP

TO 31/03/2020 AUTHORIZING HIM TO

POSSESS AND CONDUCT SALE OF EXPLOSIVES

ANNEXURE E"

TRUE COPY OF THE LICENSE ISSUED BY THE

COMPETENT AUTHORITY IN THE NAME OF THE

1ST PETITIONER HEREIN AUTHORIZING HIM

TO DEAL WITH SAFETY FUSE, WHICH IS

VALID UP TO 31.03.2021

ANNEXURE F:

TRUE COPY OF THE LICENSE ISSUE DBY THE

NAME OF THE 1ST PETITIONER AUTHORIZING

HIM TO POSSESS AND CONDUCT SALE OF

FIREWORKS UP TO 1500 KILOGRAMS, WHICH

IS VALID UP TO 31.03.2022

ANNEXURE G:

TRUE COPY OF THE LICENSE ISSUED IN THE

NAME OF THE 1ST PETITIONER AUTHORIZING

HIM TO POSSESS AND CONDUCT SALE OF

FIREWORKS UP TO 1500 KILOGRAMS, WHICH

IS VALID UP TO 31.03.2022

ANNEXURE H:

TRUE COPY OF THE LICENSE GRANTE DIN

FORM LE-7 OF THE EXPLOSIVE RULES, 2008

AS REGARDS VEHICLE BEARING NUMBER KL-

25-C-6422 A MAHINDRA VAN FOR THE

CARRIAGE OF EXPLOSIVES VALID UP TO

31.03.2021

..6..

ANNEXURE I:

TRUE COPY OF THE CERTIFICATE ISSUED

FROM THE OFFICE OF THE DEPUTY CHIEF

CONTROLLER OF EXPLOSIVES, ERNAKULAM

DATED 18.01.1996 SPECIFICALLY RECITING

THAT POTASSIUM NITRATE OR ALUMINIUM

POWDER CANNOT BY THEMSELVES QUALIFY AS

EXPLOSIVES IN ORDER TO ATTRACT THE

PROVISIONS UNDER THE ENACTMENT OR THE

RULES FRAMED THEREUNDER

ANNEXURE J:

TRUE COPY OF THE REPRESENTATION

SUBMITTED BY THE 1ST PETITIONER HEREIN

TO THE JOINT CHIEF CONTROLLER OF

EXPLOSIVES, CHENNAI DATED 29.12.2016

WHICH CONTAINS THE AFFIRMATION BY THE

AUTHORITY BY HIS HAND AND SEAL THAT

THE ARTICLES SEIZED DOES NOT COME

WITHIN THE