SHARAD KUMAR AGRAWAL Vs. STATE OF M P

JUDGEMENT

(1.) This petition, under Section 482 of the Code of Criminal Procedure, has been preferred for quashment of entire proceedings pending in Session Trial No. 25/2010 in the Court of Sessions Judge, Mungaoli, District Ashok Nagar for the offence punishable under Sections 4 and 5 of the Explosive Substances Act, 1908, which has arisen out of the Crime No. 135/2009, dated 9-4-2009 registered at Police Station, Chanderi, District Ashok Nagar (M.P.). As per the prosecution case, on 9-4-2009 at about 8.05 p.m., a truck bearing No. MP09 KB 3627, was searched by the police. During search, 320 bags of Ammonium Nitrate were seized vide seizure memo, dated 9-4-09. Relevant documents of registration, permit, fitness etc. were also seized. Initially, crime was registered at Outpost Rajghat, District Ashok Nagar and thereafter, original F.I.R. was registered at Crime No. 135/2009 at Police Station, Chanderi, District Ashok Nagar (M.P.) for the offence punishable under Sections 4 and 5 of the Explosive Substances Act.

(2.) After completion of the investigation, charge sheet was filed and the case was committed to the Court of Session where Session Trial No. 25/2010 was registered.

(3.) It is submitted by Shri Chaturvedi, learned Counsel appearing on behalf of the petitioner that the substance, namely, Ammonium Nitrate was not the explosive substance on 9-4-2009 as defined under the Explosive Substances Act. In the Gazetted Notification of Government of India, dated 11-7-2012, Ammonium Nitrate Rules, 2012 were published and enforced from the date of its publication. Therefore, charges under Sections 4/5 of the Explosive Substances Act could not be framed against the petitioner on the ground that bags of Ammonium Nitrate were seized in the year 2009.