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 relie