TANDASA SUDARSANA RAO Vs. STATE OF A P

JUDGEMENT

(1.) The Criminal Petition is filed to quash the proceedings in C.C.No.No.81/2005 on the file of Judicial First Class Magistrate, Srikakularm under Section 482 of the Code of Criminal Procedure, hereinafter in short referred to as "Code".

(2.) In the charge sheet alleged to have been filed under Section 9-B(b) of Explosives Act 1884 in Cr.N0.107/2004 of Srikakulam I Town Police Station it was stated as hereunder: 'The accused noted supra is the resident of Chinna Baratam Street, Srikakulam and the offence took place at Old Bus stand, Srikakulam which comes under thejurisdiction of this Honourable Court and within the limits of I Town P.S. L.W.1 is the Police Constable. L.Ws.3 to 5 are the mediators, L.Ws.2, to 8 are official witnesses. On prior information on 5-11-2004 at 1800 hrs, the L.W.7 along with L.Ws.1 & 2 has conducted a raid on the shop of the accused and found huge quantity of explosive material i.e., I. Barium Nitrate 6 bags each bag weight 50 Kgs. (2) Saltpeter 14 bags each bag Wg.50 Kgs. (3) Metal powder 1 gunny bag Wg. 35 Kgs. (4) Aluminium beed 30 gunny bag each bag Wg. 20 Kgs for making various type of bombs, crackers etc. The accused has possessed the excessive explosive material than his Licence No. 1/80. There is no record for storing the excessive explosive material or no any authentic licence forthat. The L.W.6 seized the explosive material under the cover of occurrence report. Basing on the occurrence report, drawn by L.W.7, the L.W.6 registered it as a case in Cr.No. 107/0204 U/s. 9 (B- (b) Explosive Act 1884 of Srikakulam I Town PS on 5-11-2004 at 1800 hrs. On 6-11-2004, the L.W.6 arrested the accused and seized the explosive material after taking the samples from them under the cover of mediators 'report, duly attested by the L.Ws.3 and 4, L.W.6 sent the accused for remand. Subsequently, L.W.8 who took up further investigation diffused the seized material on 15-11 -2004 in the presence of L.Ws.4 and 5 under the cover of Mediators' as per the orders issued vide Dis.No.1216 Dt. 10-11. Ex.P-4 by the Honourable Court and also sent the samples to the Director, FSL, Hyderabad for examination vide FSL file No. CHE/318/ 2004 Dt.7-12-2004. L.W.8 has received the analysis report from the FSL, Hyderabad, in which they opined that the contents in the above item Nos.1 to 4 are the common constituents of fire works composition, low explosive in nature. The investigation disclosed that the accused was found in possession of low explosive material for making crackers without any licence, besides he possessed the low explosive material excessively than his in license No.1/80. The possession of low explosive material is dangerous to human lives."

(3.) It is stated that the petitioner's father was running business of explosive materials rights from 1927 after obtaining necessary permissions/approvals from the competent authority, Additional District Magistrate, Srikakulam till 1980. It is also stated that his grand father and his father developed goodwill in maintaining standard and quality in explosive materials. It is further stated that the petitioner applied for a licence to the competent authority for trading the explosive material like Sulphur 450 Kgs., Potassium Cholride 150 K.Gs. and the competent authority i.e., Additional District Magistrate, Srikakulam had granted licence bearing No. 1/80 on 31-12-1980. It is also stated that the same was renewed from time to time and the said licence had expired on 31-12-2004. The other allegations made in the charge sheet referred to supra also had been narrated.