KANHAIYA LAL Vs. STATE OF RAJASYHAN

JUDGEMENT

(1.) This criminal revision under Section 397 read with Section 401 Cr.P.C. is directed against the order dated 21-5- 2011 passed by the learned Addl. Sessions Judge, Churu in Sessions Case No. 4/2009 whereby the charge under Section 5 of the Explosives Substances Act has been framed against the petitioner.

(2.) Succinctly stated the facts of the case are that the petitioner submits that in this case the petitioners were apprehended on 22.2.2009 while transporting Ammonium Nitrate. The Ammonium Nitrate recovered from the possession of the petitioner was seized and an F.I.R. was registered under Section 5 of the Explosive Substances Act, 1908 against them. After completion of investigation a charge-sheet was filed against them for the said offence. The learned trial court framed charge vide order dated 21.5.2011 against the petitioners for the aforesaid offence. The order framing charge has been challenged in the instant revision petition.

(3.) Learned counsel for the petitioner contends that Ammonium Nitrate was notified to be a special category explosive substance on 10.12.2008 vide Gazette Notification No. S.O. 2899(E) but thereafter the Department has issued further clarification whereby it was clarified that no license was required for manufacturing, storage, possession and sale of Ammonium Nitrate. He has placed on record a letter dated 16.3.2009 issued by the Joint Secretary to the Government of India, Ministry of Commerce and Industry wherein it has been mentioned that no licence is required for the purpose of manufacturing, storage, sale and possession of Ammonium Nitrate. Learned counsel further placed on record the Gazette Notification dated 21.7.2011, as per which the Central Government has declared Ammonium Nitrate to be an explosive within the meaning of Explosives Substance Act with effect from the date of said notification. Learned counsel for the petitioner has relied upon a decision of the Hon'ble Andhra Pradesh High Court in Crl. Petition No. 3334 of 2010 wherein relying upon the said notification, the Hon'ble Andhra Pradesh High Court has held that storage, sale and transportation etc. of Ammonium Nitrate does not attract provisions of the Explosives Act, 1884.