M.P. SURENDRAN Vs. THE ADDITIONAL DISTRICT MAGISTRATE,

JUDGEMENT

(1.) EXT .P1 is a license which was issued to the Petitioner for the manufacture of explosives. The licence was valid till 31.3.2003. During the currency of the licence an accident occurred in the premises of the Petitioner on 13.12.2007. That led to the registration of a Crime and the case was charge sheeted as ST No. 445/2008 before the Judicial First Class Magistrate Court, Wadakkancherry. The case was tried and the Petitioner was finally acquitted by Ext.P2 judgment.

(2.) WHILE the case was pending against the Petitioner, on 19.1.2007 Respondents 1 and 3 inspected Form No. 20 licensed establishments and samples were drawn. It is stated that in one sample, presence of potassium chloride was found.

(3.) ON remand, according to the Petitioner 1st Respondent issued Ext.P4 seeking a clarification from the 3rd Respondent as to the whether potassium chloride was detected from the sample drawn from the Petitioner's premises. Ext.P5 is the clarification that was furnished. In the clarification so furnished, there is no specific statement that the sample drawn from the Petitioner's premises contained the presence of potassium chloride.