AMMAN CHEMICALS Vs. ADDITIONAL SECRETARY & APPELLATE AUTHORITY MINISTRY OF COMMERCE & INDUSTRY DEPARTMENT OF INDUSTRIAL POLICY & PROMOTION

JUDGEMENT

(1.) The Appellant had filed an appeal under Section 6 F of the Explosives Act, 1884 (the Explosives Act) read with Rule 121 of the Explosives Rules, 2008 (the Explosives Rules) against the order bearing No.P-5(AN) Ports/2014 (A1743) dated 19.08.2015 of the Chief Controller of Explosives, Nagpur, refusing to grant a P5 licence to the Appellant.

(2.) The said appeal was rejected by the appellate authority by order dated 02.11.2018, and the said order was challenged in W.P. No.11869 of 2019 wherein the Appellant had prayed for a Writ of Certiorarified Mandamus to quash the order dated 02.11.2018 and, consequently, direct the second Respondent to issue a P5 licence to the Appellant. The said writ petition was dismissed by order dated 12.11.2019, which is challenged in this intra-court appeal.

(3.) The present writ appeal arises under the following facts and circumstances. The Appellant applied for and was granted a P3 licence by the Chief Controller of Explosives/the second Respondent herein on 03.12.2014 for the storage and sale of ammonium nitrate. Thereafter, the Appellant filed an application dated 05.08.2015 for the grant of a P5 licence. The P5 licence is required to import ammonium nitrate. The application for the P5 licence was rejected by the Chief Controller of Explosives by order dated 19.08.2015 on the ground that the Appellant is a trader and, therefore, it is not in the interest of national security to grant the licence.