PRAKASH PRASAD MEHTA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Petitioner has invoked the inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure for quashment of the order impugned dated 15.2.2010 by which the order passed by the C.J.M., Hazaribag on 12.11.2009 refusing to release 364 bags of Ammonium Nitrate to the petitioner was affirmed and the criminal revision was dismissed.

(2.) Prosecution story in short was that the Sub- Inspector of Police, Ichak Police Station submitted a written report that pursuant to the information that some explosive materials were to be supplied to the extremists near Ichak more, police party proceeded to the pointing place and at the sight of the police party, three persons started running away but the police apprehended them on chase including the petitioner Prakash Prasad Mehta. On interrogation, the accused confessed their guilt disclosing that they were engaged in trading of Ammonium Nitrate and they are partners and the petitioner having a godown at Gobarbanda.

(3.) Petitioner obtained bail from this Court and thereafter, he filed a petition before the learned C.J.M., Hazaribag for release of 364 bags of Ammonium Nitrate. The learned C.J.M. refused to release the said quantity of Ammonium Nitrate on the ground that the case was registered under Sections 3, 4 and 5 of the Explosive Substance Act and according to the submissions made on behalf of the State, it was stated that as per Gazette of India dated 5th of December, 2008 Ammonium Nitrate or a combination thereof came within the special category of explosive substance for the purpose of the said Act.