MACKBOOL A.K. Vs. STATE OF KERALA, REPRESENTED BY THE LEARNED PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM

JUDGEMENT

(1.) Petitioner is the 2nd accused in Crime No.306 of 2013 of Mukkom Police Station registered under Section 5 of the Explosive Substances Act, 1908 (in short, "the Act"). It is now pending in S.C.No.1321 of 2016 on the file of the Additional Sessions Court-VI, Kozhikode. Gist of allegations, as borne out from Annexure-A4 final report, is that petitioner is the owner of a property and the godown situated therein. It was leased out by the 3rd accused, who is father of the petitioner, to the 1st accused. 1st accused stored huge quantity of explosive substances in the godown. The offence was detected on 24.04.2013. It is therefore alleged that the petitioner, who is the owner of property, is also liable to be proceeded against in the above crime.

(2.) Heard the learned counsel for the petitioner and the learned Public Prosecutor.

(3.) Learned counsel submitted that it is true that petitioner is the owner of property. His father (3rd accused) was managing the affairs in his absence. Even much prior to the incident, he was working abroad. Annexure-A2 is the copy of his passport. It shows that he left India on 27.03.2012 and came back only on 30.11.2014. During his absence, his father was managing the affairs of this property. Even though the offence under Section 5 of the Act will be attracted if any person who makes or knowingly has in his possession or under his control any explosive substances, in this case it is difficult to hold that the petitioner either possessed or kept under his control any explosive substances. Even going by the prosecution case, the 3rd accused had leased out the godown to 1st accused for and on behalf of the petitioner. Therefore, I find no reason to implicate the petitioner in this case. However, the allegations against accused 1 and 3 will have to be determined after a full-fledged trial. In the result, the petition is allowed. Annexure-A4 final report in Crime No.306 of 2013 of Mukkom Police Station, now pending in S.C.No.1321 of 2016 on the file of the Additional Sessions Court-VI, Kozhikode, insofar as it relates to the petitioner, is hereby quashed.