T AMUDHA SIDHANATHAN Vs. UNION TERRITIRY CHANDIGARH

JUDGEMENT

(1.) THIS order of mine shall dispose of the revision petition against the order dated 30-4-2007 passed by the learned additional Sessions Judge, Chandigarh ordering to frame charge against the petitioners under Section 9 (b) and 9 (c) of the Explosive Substances Act.

(2.) THE facts in the background of the case are that the occurrence in this case took place on 23-10-1995 when the crackers were burst and damaged the eyes of one Gaganjit singh Bal. A complaint in this regard was filed by his uncle on 29-5-1999 on the basis of which FIR No. 299 was registered on 28-11-1999. The report was submitted on 31-7-2000 by the Director Central Forensic science Laboratory, Chandigarh, on the basis of which untraced report was submitted on 11 -11 -2000. Pursuant to the filing of the untraced report, Station House Officer. Police station South, submitted an application for destroying the case property on 27-4-2001, upon which under the orders of Judicial magistrate Ist Class, Chandigarh, the said case property was destroyed on 9-5-2001. However, on 18-5-2002, Mr. G. S. Bal, complainant moved an application under section 482 of Cr. P. C. before the Judicial magistrate Ist Class, Chandigarh for getting the crackers in question to be tested again from any other laboratory other than from central Forensic Science Laboratory, chandigarh, over which the Judicial Magistrate ist Class, Chandigarh vide order dated 10-7-2002 called for the crackers but it was reported that the crackers have already been destroyed. However, he allowed the application vide order dated 21-3-2003. Since the crackers had already been destroyed, the complainant on 9-10-2004 undertook to produce the crackers manufactured prior to the year 1995. After obtaining the report over the said crackers by the complainant, again a cancellation report was submitted on 7-9-2005.

(3.) IN the meantime, the case was transferred to the Crime Branch for investigation on 23-2-2006 the Crime Branch recommended to present the challan and accordingly challan was presented in the Court on 10-11-2006.