MANOHAR AND ANOTHER Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This criminal appeal is directed against the order passed by the learned Additional Sessions Judge, Shajapur in Sessions Trial No.95/1995 dated 09.10.1998 wherein the learned Sessions Judge held the present appellants guilty under Section 5 of Explosive Substance Act 1908 and sentenced them to 3 years rigorous imprisonment.

(2.) According to prosecution story, the incident took place on 30.12.1994. Bahadursinhg Bamne, the Station In-Charge of Soyatkala Police Station, District Shajapur received a source information that appellants Manohar S/o Jagannath Dangi and Rajkumar @ Raju S/o Motilal were transporting explosive substance on their motorcycle bearing registration No.RN-O-2295. The motorcycle was intercepted near Susner Barrier and a search was conducted. Appellant- Rajkumar was sitting as a pillion rider. They were was having a bag in the dickey of the vehicle. There were detonators in the gunny bag. Total 200 detonators and 206 gelatin rods were recovered from their possession. They could not produce the license for transporting the explosive substance. The Investigating Officer prepared punchnama and seized the explosive substance. The explosives were sent for examination by Controller of Explosives to Bhopal. The report of the Controller is Exh.P-1.

(3.) The learned trial Court framed the charge under Section 5 of Explosive Substance Act, recorded evidence of prosecution and the defence and recorded statements of accused persons and after taking into consideration the material available on record, held the appellants guilty under Section 5 of Explosive Substance Act and sentenced them, as aforesaid.