SAIFULLA SHAREIFF Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This revision petition is preferred by accused Nos.1 and 2 against the Judgment and Order of conviction and sentence passed by the trial Court, for the offence punishable under Sec. 9b(ii) of the Explosives Act [hereinafter referred to as 'Act' for short] which is confirmed by the appellate Court.

(2.) The case of the prosecution is that, on 4/9/2006, the Dy.S.P. [P.W.3], Nanjangud Sub-Division, received a credible information that certain explosive substances are being transported in a goods autorickshaw from Mysuru to Nanjangud. He immediately secured his staff and panchas and proceeded towards Hullahalli bridge. While they were inspecting the goods autorickshaws coming from Mysuru side, noticed a goods autorickshaw bearing reg. No.KA-11/5449, which was driven by accused No.3. On search, they found sealed packet containing 50 coils, 200 cartridges, 13 detonators, 23 capes, 25 kgs. of Potassium powder and 500 kgs. of Ammonium Nitrate. Accused No.3 as well as accused Nos.1 and 2 who were in the said autorickshaw were arrested and explosive materials were seized under a mahazar Ex.P1 in the presence of panchas. Before the trial Court, the prosecution got examined P.Ws.1 to 6 and marked Exs.P1 to 5.

(3.) Heard the learned counsel for petitioners and the learned High Court Government Pleader for respondent/State and perused the material on record.