UMRAO TRADERS Vs. UNION OF INDIA AND ORS ; CHIEF CONTROLLER OF EXPLOSIVES, A BLOCK, CGO COMPLEX, FIFTH FLOOR SEMINARY HILLS, NAGPUR; DY CHIEF CONTROLLER OF EXPLOSIVES, AMRAPALI ROAD, NEAR POWER HOUSE, VAISHALI NAGAR, JAIPUR; DISTRICT COLLECTOR CUM DISTRICT MAGISTRATE, DIST

JUDGEMENT

(1.) This petition for writ is before us to examine validity of Rule 47(1)(a)(iii) of the Gas Cylinders Rules, 2004 (hereinafter referred to as 'the Rules of 2004'). As per the petitioner the rule impugned is in conflict with the Explosives Rules, 2008 (hereinafter referred to as 'the Rules of 2008'). The Rules of 2004 as well as the Rules of 2008 are enacted by the Central Government exercising powers under Sections 5 and 7 of the Explosives Act, 1884 (hereinafter referred to as 'the Act').

(2.) The Act is a comprehensive law to regulate the manufacture, possession, use, sale, transport, import and export of explosives throughout the country. The 'explosive" as defined under Section 2 (d) of the Act means gunpowder, nitroglycerine, nitroglycol, guncotton, di-nitro-tolune, tri-nitro-tolune, picric acid, di-nitro-phenol, tri-nitro-resorcinol (styphnic acid), cyclo-trimethylene-tri-nitramine, penta-erythritol-tetranitrate, tetryl, nitro-guanidine, lead azide, lead styphynate, fulminate of mercury or any other metal, diazo-di-nitro-phenol, coloured fires or any other substance whether a single chemical compound or a mixture of substances, whether solid or liquid or gaseous used or manufactured with a view to produce a practical effect by explosion or pyrotechnic effect; and includes fogsignals, fireworks, fuses, rockets, percussion-caps, detonators, cartridges, ammunition of all descriptions and every adaptation or preparation of an explosive as defined.

(3.) Section 5 of the Act empowers the Central Government to make rules for licensing of the manufacture, possession, use, sale, transport, import and export of explosives. The power with regard to inspection, search, seizure, detention and removal of the explosives is available as per Section 7 of the Act.