MAHANTGOUDA ADIVEPPAGOUDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Criminal Petition No.200081/2020 is filed under Section 438 of the Code of Criminal Procedure, 1973 (hereinafter for brevity referred to as the " Cr.P.C .") by accused No.3, whereas Criminal Petition No.200082/2020 is filed by accused Nos.1 and 2 under Section 439 of Cr.P.C., both with respect to Crime No.156/2019 of Respondent - Farahatabad Police Station for the offences punishable under Sections 3 , 4 , 5 and 6 of the Explosive Substances Act, 1908 (hereinafter for brevity referred to as the "Act").

(2.) The summary of the case of the prosecution is that on 24-12-2019, while the complainant who is the Police Inspector of respondent - Farahatabad Police Station was on night rounds, he received a credible information about a Bolero pickup vehicle carrying Nitrite mixture without any permit or licence. Immediately, he secured two panchas and joined by his staff and panchas, at about 01:00 am, on the same day, he, led by his team members went near Farahatabad Bus stand and waiting for the informed vehicle to come. They noticed a white colour Bolero vehicle coming from Jewargi side and despite giving stop signal, the driver of the said vehicle did not stop the vehicle and drew the same towards Kalaburagi side. Getting suspicious, the Police and his raiding team also chased him in their Departmental jeep. They could able to intercept and stop the said Bolero vehicle at 01:15 hours near Central Prison of Kalaburagi. There were two inmates in the said vehicle including the driver, who were identified as (1) Sanganna S/o. Adiveppagouda Biradar and (2) Mahesh S/o. Goudappagouda Harnal (petitioners in Criminal Petition No.200082/2020). On enquiry, they also revealed the name of owner of the vehicle as Mahantgouda, S/o. Adiveppagouda (petitioner in Criminal petition No.200081/2020). When the vehicle was inspected, the raiding team noticed that the said vehicle was a Bolero pickup goods vehicle bearing Registration No.KA-28/C-6352, carrying explosives in the form of nitrite mixture (blasting) in 44 boxes, each containing nine pieces and one detonating fuse bundle, confirming that they were explosives by their description mentioned on the boxes. The raiding team also ascertained from the driver and the other inmate of the vehicle that they did not possess any permit or licence to transport them. On enquiry, the inmates of the vehicle also revealed that as per the instructions of the owner, they were carrying those explosives to deliver them to one Sri. Ranjith Singh and Sri. Bharat Singh.

(3.) The complainant has also stated that, on enquiry, he noticed that, with some mala fide intention, to cause injury to the public health, they were transporting the said explosives. He seized them in the presence of panchas and prepared a seizure panchanama in that regard. After returning to the Police Station along with the goods, he registered a complaint in their Station Crime No.156/2019 against the present petitioners for the offences punishable under Sections 3 , 4 , 5 and 6 of the Act.