LAWS(KER)-2017-10-346

RENJITHA, AND OTHERS Vs. STATE OF KERALA

Decided On October 16, 2017
Renjitha, And Others Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) Ext.P3 order passed by the Judicial First Class Magistrate (Temporary), South Paravur, Kollam, is under challenge in this proceedings.

(2.) Heard the learned counsel for the petitioners and the learned Senior Government Pleader.

(3.) Second petitioner is the owner of a shop room, situated in Nemom village, Thiruvananthapuram. First petitioner is wife of the second petitioner. First petitioner is holding a valid license under Explosive Rules 2008, to possess and sell from the shop, at any one point of time, not exceeding 15 kilograms of small-arms nitro-compound or manufactured fire works of Class 7, Division 2 and 500 kilograms of Indian made crackers or sparklers. Annexure P2 is the license, issued in the name of the first petitioner. The license is valid up to March, 2019. Ext.P1 is the basic tax receipt produced by the petitioners to show that second petitioner is the owner of the building. The building was sealed by the officer conducting investigation in Crime No.711 of 2016 of Paravur Police station, registered for offences punishable under Sections 120 B, 188, 324, 326, 436, 286, 427 and 302 r/w Section 34 I.P.C and section 9(B) of Explosives Act, 1884 and also Sections 3 and 6 of the Explosive Substance Act, 1908. Sections 2 and 4 of the Prevention of Damages to Public Property Act, 1984 was also charged along with Section 39(1) r/w Section 121 of the Kerala Police Act, 2011.