MASHA ANGAMI Vs. GOVERNMENT OF MANIPUR

JUDGEMENT

(1.) THIS is an application filed by the accused in F.I.R. Case No. 58(6)66 of Kangpokpi Police Station under Section 498 of the Criminal Procedure Code to enlarge the petitioners on bail.

(2.) THE case of the prosecution is that 32 Kg. of gun -powder were seized on 13.6.1966 from Vehicle No. MNS 4691 by the Officer in charge of Kangpokpi Police Station when the first petitioner of Kohima was bringing the same from Imphal for causing danger to human life and property, that the first petitioner pointed out the second petitioner as his supplier and that the petitioners are liable to be punished under Section 5 of the Explosive Substances Act (Act 6 of 1908).

(3.) THE contention of the learned Counsel for the petitioners is that the offence, even if it is true, falls under Section 6(3) of the radian Explosives Act 4 of 1884, that it is a boilable offence and that, therefore, the petitioners are entitled to bail. Indian Explosives Act 4 of 1884 was enacted to regulate the manufacture, possession, sale, transport and importation of explosives. Section 4(1)(a) of the said Act defines 'explosive' as sun -powder, nitro -glycerin, dynamite, gun -cotton, blasting powder, fulminate of mercury or of other metal, coloured fire and every other substance, whether similar to those above -mentioned or not, used or manufactured with a view to produce a practical effect by explosion, or a pyrotechnic effect etc. Section 6(3) of the said Act lays down that any person who manufactures, possesses or imports an explosive in contravention of a notification issued under section 6 shall be punishable with imprisonment for a term which may extend to 3 years or with a fine which may extend to Rs. 5,000 or with both etc.