STATE OF MAHARASHTRA Vs. MAHAMED HUSSAIN KAKRODDIN MANIYAR

JUDGEMENT

(1.) THIS is an application for bail under the provisions of Section 498 of the Code of Criminal Procedure. The petitioners are charged by the Sholapur Police with offences under Section 120-B I. P. C. Section 5 of the Explosive Substances Act, Sections 30 and 25 of the Arms Act, Section 5 of Explosives Act. Section 6 of Poisons Act. Section 82 of the Prohibition Act and Section 18 (c) of the Drugs and Cosmetics Act.

(2.) ACCORDING to the Police, the petitioner No. 1 is the father of petitioners Nos. 2, 3 and 4 and they are all the proprietors of two firms by name of "hazi M. F. Maniyar and Sons" and "m. M. Maniyar". According to the Police, all the petitioners look after the said two businesses and that the said two businesses have two godowns wherein goods of these firms are stored. According to the petitioners, however, "hazi M. F. Maniyar and Sons" is the partnership firm in which only petitioners Nos. 1 and 2 are partners under a deed of partnership, copy of which they have produced. According to the petitioners, the petitioners Nos. 3 and 4 have nothing to do with the said firm. The business of the said firm is carried on at 383, East Mangalwar Peth as shop with two godowns, one at 615, East Mangalwar and another at 986, Shukrawar Peth. According to the petitioners, the petitioner No. 3 is the sole proprietor of "m. M. Maniyar" and that he carries on the said business at 389, East Mangalwar Peth, as the sole proprietor thereof and that the petitioner No. 4 is a minor and is not connected with any of these two firms.

(3.) ACCORDING to the prosecution on 11th September 1967 a search was taken of the shop of "hazi M. F. Maniyar and Sons" when a highly explosive and prohibited mixture of potassium chlorate and sulphur was unauthorisedly sold to a bogus customer in the shop. Thereafter the shop of "hazi M. F. Maniyar and Sons" and the godowns were searched on several days and considerable quantities of black crystalline gunpowder, light yellow coloured gunpoweder (prohibited mixture of potassium chlorate and sulphur), black gunpowder, potassium chlorate (contaminated) sulphur-powder, special gelatine, highly explosive Diwali crackers prohibited by law. 510 grammes of potassium cyanide, a quantity of unlicenced drugs detonators, percussion caps containing prohibited mixture of chlorate and red arsenic sulphide and french polish were secured.