RAJU Vs. STATE OF ODISHA

JUDGEMENT

(1.) The petitioner, by filing this revision has impeached an order dtd. 21/7/2016 passed by the learned Special Judge Kalahandi, Bhawanipatna in C.T. no. 06 of 2016, rejecting an application filed by the petitioner for his discharge.

(2.) On receipt of written report of some of the inhabitants of village Jamunabahal and the nearby area, under the jurisdiction of Bhawanipatna Sadar Police Station, the Inspector-in-Charge of said Police Station registered P.S. Case no. 131 of 2014 for commission of offence under Sec. 286/34 of the Indian Penal Code (in short 'the IPC') and Sec. 4/5/6 of the Explosive Substances Act, 1908 (for short, the ES Act).

(3.) Learned counsel for the petitioner (accused) submitted that even accepting all the materials collected in course of the investigation as such, on their face value, including the statement of the witnesses as placed, no prima facie case for commission of offence under Sec. 286 of the IPC and Sec. 4/5/6 of the E.S. Act is made out. According to him, admittedly, the petitioner accused was then running a crusher unit. It was his submission that the petitioner (accused) had no explosive license, which he had applied for and was under consideration. He submitted that under the circumstance, in the absence of any material to show that this petitioner at any time was found or seen to be carrying out the blasting operations by using and/or through the explosive substance either directly or by his agents, employees and servants etc, the court below has erred in law in rejecting the application for discharge and proceeding to say that a prima facie case is made out against the petitioner for commission of offence under Sec. 286 of the IPC and Sec. 4/5/6 of the E.S. Act.