DES RAJ TANEJA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) ORDER :-

(2.) THIS petition is filed to quash the FIR No. 211 dated 7-10-99 registered for the offences under S.6A/9B of the Explosives Act and Section 286, I.P.C.of PS City Abohar. According to the petitioner the allegations in the FIR do not constitute the offence under Section 6A/9B of the Explosives Act and also under Section 286, I.P.C.The accusation against the petitioner as can be seen from the averments in the FIR is that the petitioner kept articles of fire works in large quantity without licence. Under Section 4(1) of the Act, explosives include the fire works also. Section 5 authorises the Central Government to make rules regulating and prohibiting the manufacture and possession of explosives except under and in accordance with the conditions of the licence granted. Section 6 also empowers the Central Government to frame rules prohibiting the possession of explosives. Section 9B of the Act makes any contravention of the rules made under S.5 or of the conditions of licence granted, punishable. Simply because in the FIR Section 6A which is not attracted has been mentioned it cannot be said that the averments in the FIR do not disclose any commission of offence. It is for the investigating agency to find out whether the averments made in the FIR are correct and whether there is any contravention of the rules or the conditions of the licence. It is also a matter of investigation whether any offence under Section 286, I.P.C., has been made out. At this stage it cannot be said that no offence has been disclosed in the FIR.Mentioning of a wrong section is no ground for quashing the FIR.One has to look into the contents and the averments of the FIR to find out whether the averments made therein constitute any offence under any provisions of the Explosive Act or under any other law. In this view of the matter I do not find any grounds to quash the same.