HARISHANKAR Vs. STATE OF M P

JUDGEMENT

(1.) Feeling aggrieved by the order impugned dated 15-1-2013 passed by learned Second Additional Sessions Judge, Aastha, District Sehore in Sessions Trial No. 196/2012 framing charges punishable under Sections 4B and 5 of the Explosive Substances Act, 1908 (for short 'Act') this revision under Section 397 read with Section 401, Cr.PC. has been filed by the applicants. As per the case of prosecution, the explosive substance namely "Ammonium Nitrate" was seized from the possession of the applicants on 17-3-2012 and since it is an explosive substance, therefore, the case was registered against applicants and a charge-sheet was submitted upon which learned Trial Court framed charges punishable under Sections 4B and 5 of the said Act. Learned Counsel for the applicants has invited my attention to Gazette Notification of the Government of India, dated 11-7-2012 wherein from the date of its publication, Ammonium Nitrate Rules, 2012 were enforced, hence according to learned Counsel the charges under Sections 4B and 5 of the said Act cannot be framed against the applicants, because on 17-3-2012 the rules which were existing, under those rules Ammonium Nitrate was not included. Hence, it has been prayed that charges which are framed against the applicants be quashed.

(2.) On the other hand, Shri Ramesh Kushwaha, Public Prosecutor for respondent/State argued in support of the impugned order and submitted that since Ammonium Nitrate would come within the ambit and sweep of explosive substance, therefore, charges under Sections 4B and 5 of the said Act have rightly been framed against the applicants.

(3.) Having heard learned Counsel for the parties, I am of the view that this revision deserves to be allowed.