PADAM SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner was arrested in case FIR No. 178/92 of Police Station Kama District Bharatpur with the allegations of the offence punishable under sections 4 & 5 of the Explosive Act. The case against the petitioner was that his father Ram Singh had earlier a licence for manufacturing of fire crackers (patakha) which was withdrawn but even thereafter he had continued with the business in the house with the result that there was an explosion killing the mother of the petitioner. On an application having been moved by the petitioner, the learned Additional Sessions Judge, Deeg directed that the applicant-petitioner should be released on bail subject to his furnishing a bond in the sum of Rs. 10,000.00 with one surety in the like amount but with the condition that neither he nor any member of his family would keep any explosive substance and that without the permission of the Court no application for grant of licence for manufacturing the fire crackers etc. would be submitted before the District Magistrate. Feeling aggrieved the petitioner has approached this court by filing this petition.

(2.) I have heard the learned counsel for the parties and have also perused the impugned order.

(3.) Shri Jainendra Jain, the learned counsel for the petitioner, has contended that the learned trial court could not have imposed the condition that the petitioner would not apply for grant of licence for manufacturing of fire crackers and that this condition amounts to taking away the right of the petitioner to carry on his profession even after obtaining the licence by complying with the condition as might be imposed for the licensees by the authorities concerned and that if the petitioner and/or his family members are granted licence for that purpose they are bound to store such materials for the purpose of manufacturing of fire crackers.