SURESHKUMAR S. Vs. STATE OF KERALA

JUDGEMENT

(1.) Challenging Annexure-A3 FIR, registered against the petitioners, for the offences punishable under Sec. 188 r/w 34 Penal Code and Sec. 5 r/w 9B(1)(b) of Explosives Act, 1884, the petitioners are before this Court.

(2.) Referring to Annexure-A1, the learned counsel for the petitioners submits that the petitioners are having requisite valid license to posses and use explosives of various classes, which is valid till 31.03.2019. Referring to Annexures-A2(a) and A2(b) orders of this Court, the learned counsel for the petitioners submits that the prohibition in carrying out blasting operation was only till 24.11.2016.

(3.) Going through Annexure-A3 FIR dated 13.12.2016 in Crime No.1050/2016 of Naruvamoodu Police Station, it is clear that the petitioners are the Managing Directors of a quarry, having valid licence to conduct quarrying operations in their property. However, the case is seen registered under Sec. 188 r/w 34 Penal Code and Sec. 5 r/w 9B(1)(b) of the Explosives Act. There is no actual prohibition in conducting the quarrying operation on the date of registration of Annexure-A3 FIR. There is nothing on record to indicate that this Court had interdicted the functioning of quarry beyond 25.11.2016 as stated in Annexure-A2(b) judgment of this Court.