DHANSINGH @ PAPPU Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The present petition under section 397 r/w 401 of Cr.P.C. has been filed by the applicant being aggrieved by the order dated 16.7.2018 passed by II ASJ, Rajgarh-Bioara in Spl.S.T.No.116/2018 whereby the charges under section 5/9(B) of Explosive Act and sections 4,5, and 6 of Explosive Substance Act has been framed against the applicant.

(2.) According to the prosecution story on 11.2.2018 at about 11.40 a.m. during excursion police received a secret information from the informant that one person going with red colour motorcycle towards Seelkheda road with explosive substances. After receiving this information, police reached on the spot and waited for some time. Thereafter as per information, they saw one person coming by motorcycle. Police party stopped him and asked his name. He stated his name Babulal S/o Motilal. Thereafter police made a search and recovered 409 explosive and 400 detonator from the motorcyle bearing No.MP04NS 1923. Police arrested Babulal and recorded his statement under section 27 of the Evidence Act in which he disclosed that he is a labourer and doing labour work with one Dhansingh @ Pappu Meena who gave explosive substance to him to deliver it to other person and on the basis of aforesaid disclosure statement of Babulal, police implicated the present applicant in the case. After completion of investigation, chargesheet was filed.

(3.) The trial court framed the charges against the applicant for the offence under sections 5/9(B) of Explosive Act and under sections 4,5 and 6 of Explosive Substance Act and directed to try him for the aforesaid offences. This order is subject matter of challenge before this court.