AJITH KAMATH Vs. STATE

JUDGEMENT

(1.) Petitioners who are ranked as accused 6, 7 and 8 respectively in Cr. (FIR) No. 70 of 2010 registered for the offences punishable under Sections 4 and 5 of the Explosive Substances Act, 1908 and Section 9-B of the Explosives Act, 1884 as also Section 120-B of the Indian Penal Code, 1860, seek issuance of direction under Section 438 of the Criminal Procedure Code, 1973 to the Investigating Officer incharge of Cri. No. 70 of 2010 to release them in the event of their arrest.

(2.) The prosecution was notified and in response to which the learned State Public Prosecutor, Sri Nawaz is present and opposes the petition vehemently,

(3.) The prosecution case is based on the report of Savithruthej P.D., Sub-Inspector of Police, Vittal Police Station. It is alleged that on 16-4-2010 at 5.30 a.m. on receipt of credible information he along with his staff visited the block stone quarry of one Moideen Thousif, who is ranked as accused 1 situated at Arthadka, Kamba Village. On inspection, he noticed illegal storage of explosive substance. The raid was recorded in a mahazar authenticated by panch witnesses. Further enquiry revealed the names of petitioners as lessees of the quarry in question. Besides, he learnt that accused I was the actual owner and other accused were responsible for such storage. On that basis FIR is registered and he is in pursuit of the petitioners. Apprehending their arrest and consequent harassment that they may face, the petitioners seek the relief, which is seriously opposed.