KISHORI LAL Vs. STATE OF M P

JUDGEMENT

(1.) THIS criminal appeal under Section 374(2) of the Code of Criminal Procedure has been filed by the appellant being aggrieved by the impugned judgment, finding and sentence dated 4/9/1997 passed by the Sessions Judge, Panna in ST No.95/1996 whereby the appellant has been convicted under Section 5 of the Explosive Substances Act, 1908 (hereinafter referred to as the "Act, 1908") and sentenced to RI for 5 years.

(2.) THE prosecution case in short is that R.K.Mishra, A.S.I., Outpost Maheba received an information regarding making fire crackers by the appellant, therefore he conducted raid at his residence and seized explosive substances from the possession of the appellant. He was having no licence for manufacturing of such fire-crackers. He was arrested. FIR was taken down accordingly. Crime No. 67/93 under Section 5 of the Act, 1908 was registered against the appellant at Police Station Amanganj. Spot map was prepared. THE statements of the witnesses were recorded. THE seized articles were sent for chemical examination to FSL, Sagar from-where report received. Sanction for prosecution was obtained from the District Magistrate, Panna. After completing the usual investigation the charge sheet was filed in the Court of JMFC, Panna, who committed the case to the Sessions Court for trial.

(3.) ON the contrary, Shri "Vivek Agrawal, learned counsel appearing on behalf of the respondent/State supported the impugned judgment, finding and sentence mainly contending that the appellant was preparing fire crackers without any licence and the prosecution has proved the case beyond reasonable doubt against him, hence finding of guilt is proper and does not call for any interference.