MANHARDAS NARSANG BHAI NIMAVAT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This revision is directed against the order dated 4-11-2000 of the Additional Sessions Judge, Rajkot Shri MS Shah dismissing the application of the revisionist for not framing charge under sec.5 of the Explosives Act.

(2.) Shri YS Lakhani, learned counsel for the revisionist and Shri DP Joshi, learned APP have been heard.

(3.) The brief facts are that, a petrol pump was run by the revisionist and his partners. It was to be shifted to another place. It is argued that at the old place, possession was handed over to the Government authorities and petrol pump started running at the new place. Still, the revisionist and his companions did not remove the tank for diesel, petrol, etc. and on the fateful day, the revisionist and others were mixing petrol, diesel, naptha and solvent at the old place. Shri Lakhani argues that due to electric short circuit or spark fire broke out and explosion was caused in the tank. The revisionist and others were sent up to face trial under secs.308, 120-B, 114 and 447 of the Indian Penal Code, secs.3 and 7 of the Essential Commodities Act, secs.9-B, AB and 12 of the Explosives Act and sec.5 of the Explosive Substances Act.