CHANDRU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The case of the prosecution is that on 29.07.2008, in a poultry farm situated in the land of PW-8 Appaji Gowda, besides Mysuru Arasikere railway track, within the jurisdiction of Metagalli Police Station, accused No.1 was running a factory for preparing potassium nitrate explosives. Accused No.2 was supplying the basic elements namely, magnesium powder and CW-5 was supplying nitric acid. CWs-6 to 13 were appointed by accused No.1 for this work. Accused No.1 was preparing potassium nitrate using nitric acid and magnesium powder, by mixing it with water and boiling the same with nitrate and potash to prepare a liquid and thereafter prepare potassium nitrate explosives. All these were done by accused No.1 without any licence from any competent authority.

(2.) On obtaining a definite information, PW-10, along with PW-7, PW-9, PW-11 and other staff raided the aforesaid poultry farm. They found accused No.1 along with other workers preparing explosives like potassium nitrate and also found magnesium powder, nitric acid and potash. On enquiry, accused No.1 stated that he does not have any licence to manufacture the said articles. In the presence of panchas namely, CW-2 and CW-3, they seized 12 plastic drums of nitric acid, 20 bags of magnesium powder, 120 bags of potash and 20 drums of prepared liquid. Samples were drawn of the respective articles and sent to FSL examination. Photographs were taken of the seized articles.

(3.) Accused No.1 was produced before CW-19. Thereafter, FIR was lodged by PW-10, against accused No.1 for the offences punishable under Sections-4 and 5 of the Explosives Substance Act, 1908. Thereafter, PW-10 and others went to the Police Station and recorded the voluntary statement of Accused No.1. On the basis of the information given by him that accused No.2 was supplying magnesium powder, accused No.2 was also arrested. Investigation was taken up and a charge-sheet was laid against both the accused for the offences under Section 4 and 5, of Explosive Substances Act'1908 (hereinafter referred to as '1908 Act') and for the offence punishable under Section 9B of the Explosives Act (hereinafter referred to as '1884 Act').