DHARMENDRA AGARWAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant bail application has been moved on behalf of petitioner Dharmendra Agarwal S/o Shri Brijmohan Agarwal R/o Plot No.53, Kanti Nagar, Station Road, Sindhi Camp, Jaipur seeking bail u/s 439 Cr.P.C. in connection with FIR No.103/2013 of the Police Station Kardhani, Jaipur for offences u/s 286, IPC and section 5 of the Explosive Act.

(2.) It is submitted on behalf of the petitioner that the petitioner is a trader in Ammonium Nitrate. Fifty bags of Ammonium Nitrate, which were allegedly being transported without any licence, were recovered from Ladu Singh on 3.3.2013. On the basis of information given by Ladu Singh, the petitioner's godown was searched on 4.3.2013 and it is alleged that 400 more bags of Ammonium Nitrate were recovered. The petitioner was arrested and thereafter has been remanded to judicial custody. Co-accused Ladu Singh applied to this court for grant of bail by Bail Application No.6003/2013 and the said bail application came to be accepted by this court vide order dated 6.8.2013.

(3.) On behalf of petitioner Dharmendra Agarwal, it has been pleaded that the recovered Ammonium Nitrate does not fall within the prohibited category because the rule referred to in the Gazette Notification dated 11.7.2012 gives one year's period to the trader for exhausting the existing stock in case the trader does not want to apply for a licence. It is claimed that the petitioner was at liberty to finish his stock within a year of publication of notification i.e. upto 10.7.2013 and therefore, no prima facie offence is made out against the petitioner.