SADASIVAN NAIR Vs. STATE OF KERALA

JUDGEMENT

(1.) Apprehending arrest in connection with Crime No.337 of 2021 of Vengara Police Station, Malappuram District registered for the offences punishable under Sections 4(b), 5 of Explosive Substances Act, 1908 the petitioner has moved this application under Section 438 of the Code of Criminal Procedure.

(2.) The prosecution allegation is as follows:

(3.) The petitioner has submitted that he is holding a valid license to run the quarry and he is running the quarry along with 8 other partners. On the particular day there was heavy rain and so the explosive substances used for blasting rocks in the quarry were kept in his office but it was safely kept. Unfortunately one partner who is not in good terms with him informed the matter to the respondent and thus a search was conducted and thus, he has been booked for the offences. In fact to keep the items safe without spoiling it in rain, he has kept the same in the office room. He has not committed any offence as alleged by the prosecution. Now the marriage of his son is fixed to be conducted on 12.09.2021 and if he is arrested it will cause much inconvenience and difficulties to him as well as to his family and hence this application.