SANJAY CHOUDHURY Vs. STATE

JUDGEMENT

(1.) The present revisional application under Section 401 and 482 of Cr.P.C. has been preferred with the prayer for quashing the Central Crime Station, Aberdeen Bazar FIR No. 546 of 2011 dated 21.06.2011 under Sections 5 and 6 of the Explosive Substances Act, 1908 read with Section 120 B of the Indian Penal Code including order dated 24th August, 2011 passed by learned Chief Judicial Magistrate at Port Blair in G.R. Case No. 1354 of 2011 arising out of the aforesaid case.

(2.) The petitioner contends that he was granted a quarry permit for running quarry in the land bearing Survey No. 1/P at village Brookshabad for extraction of boulders from the hill. The tenure of said permit has been extended from time to time and lastly on 02.05.2011. He was also granted explosive licence bearing No. 44/99 for use of 15 Kgs of explosives and 120 Detonators at any one time in a month. He runs his business as per administrative order of the Executive Engineer, South Andaman Division and hand over the explosive to the operator approved by the competent authority. After blasting the quarry products including the big and small soil coming out of such blasting have to be removed and for that purpose he was also granted transit pass from time to time for carrying the boulders of different sizes and loose soil and in this way from 11.05.2011 to 14.06.2011 he has conducted 300 trips by truck and for each occasion transit permit was duly issued by the concerned authority.

(3.) He has claimed that those 300 trips of loaded materials related to blast between 11.05.2011 and 14.06.2011. Thereafter, there was only one blast on 22.06.2011 and for removal of the entire materials about 25 more trips are required.