S M MAZHAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) In the instant application a prayer has been made for quashing of the first information report lodged under Section 9(B) of the Explosives Act, 1884 (hereinafter referred to as the Act) read with Rule 5 of the Explosives Rules (shortly the rules) as well as the order taking cognizance dated 7.9.1994 for an offence under Section 5 of the Explosive Substance Act (hereinafter to be referred to as 'the Substance Act).

(2.) Before dealing with the points raised on behalf of the parties, the facts, in brief, are necessary to be stated; The Sub-Inspector of Police, Daltonganj police station on getting secret information that a jeep bearing registration No. BHH 5610 was carrying 10 K. Gs. of explosive articles with detonators and fues from M/s Paramount Explosive Magazine to the offence of the Bihar State Mineral Development Corporation (hereinater referred to as ('Corporation') whereas, under law, they were entitled to carry only 5 K.Gs. of explosives at a time, and that the excess quantity of explosive was being supplied to the terrorists in connivance with the staff of the said Corporation as well as the owner and Manager of the said Corporation. After making Sanha entry No. 184 and on the direction of the Officer incharge, the informant along with the Police party checked the said jeep on the bridge of river, Koel. During checking 10 K.Gs. jilletin, 25 fues and 100 detenators were found. On inquiry from the jeep driver, Guput Singh and the clerk, Naibn Kumar Srivastava, who were the occupants of the jeep, the informant came to know that they were the staffs of the Corporation and were carrying the explosives from M/s Paramount Explosive Magazine situated at Chianki. They also produced two chalans which were in the name of Mines Manager, Semra Mines of the Corporation. The informant was further informed by the driver and the clerk that after issuance of indent from the Mines, the aforesaid explosives were being supplied by M/s Paramount Explosive. The first information report further discloses that according to the terms of the licence the onwer and Manager of the Magazine could have supplied only 5 K.Gs. of explosive at a time but as because more than 5 K.Gs. of explosive were supplied, the onwer, Manager of the said Magazine along with the driver and the clerk have violated the terms and conditions of the licence which is a cognizable offence under the Explsoive Act and the Rules. On the basis of said allegation the articles were seized in presence of the independent witnesses. It appears that Sadar P.S. Case No. 67/91, Daltonganj, dated 10.12.1991 was registered under Section 9(B) of the Act read with Rule 5 of the Rules, Chargesheet, after completion of investigation, was also submitted under the said section and rule of the Act and Rules, respectively.

(3.) By order dated 7.9.1994 learned Chief Judicial Magistrate took cognizance of the offence under Section 5 of the Substance Act observing that "the Investigating Officer has committed mistake in the charge sheet by non mentioning the section or sections under which the chargesheet is submitted.