BHADUR ARCOT SALEEM SAHEB Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This Criminal Petition under Section 438 of Cr.P.C. is filed by the petitioners, who are A.3 and A.4, seeking anticipatory bail in Crime No.420 of 2019 of RGI Airport Police Station, Shamshabad, Hyderabad, registered for the offences punishable under Section 420 of IPC and Section 5 of the Explosive Substances Act, 1908. The case of the prosecution is that the petitioners, who are A.3 and A.4, along with other accused are engaged in the business of transporting Ammonium Nitrate, which is an explosive material, illegally by mentioning on the E-Way Bill as Sodium Nitrate, which is a non-explosive material, without having any valid licence. Heard learned counsel for the petitioners/A.3 and A.4 and the learned Additional Public Prosecutor appearing for the respondent State. Perused the material on record.

(2.) Learned counsel for the petitioners contends that the petitioners have not committed any offence as alleged and they are no way connected with the above crime and they were falsely implicated in the above crime though they are unrelated with the above crime and hence the offences under Section 420 of IPC and Section 5 of the Explosive Substances Act are not made out against the petitioners. It is also contended that the petitioners were implicated in the above crime only basing on the confessional statement of A.1. It is also contended that since A.1 in the above crime is transporting Ammonium Nitrate under the guise and with a bill for Sodium Nitrate and since the billing address on the consignment is that of the petitioners, the petitioners were arrayed as an accused. It is further contended that most part of investigation has already been completed and that the petitioners are ready to abide by any of the conditions imposed by this Court and would cooperate with the investigation, if they are released on anticipatory bail in the event of their arrest in connection with the aforesaid crime.

(3.) On the other hand, the learned Additional Public Prosecutor vehemently opposed the relief sought in the above petition contending that the petitioners have purchased Ammonium Nitrate from A.2 showing the same as Sodium Nitrate, without there being any valid licence and knowing fully well that the purchased item i.e., Ammonium Nitrate is an explosive substance and thereby the petitioners have committed offence punishable under Section 5 of the Explosive Substances Act and that the other accused i.e., A.1, A.2 and A.5 were already arrested and remanded to judicial custody.