PRAKASH PRASAD MEHTA Vs. THE 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. The police along with the Petitioner went to the godown from where 364 bags of Ammonium Nitrate were seized. Besides, godown of one Mahendra Prasad Mehta was also searched and the police recovered 10 bags of Ammonium Nitrate each weighing 50 Kg and 10 pieces of detonator connected with wire.

(3.) AGAINST that order, Petitioner preferred a criminal revision before the Sessions Judge, Hazaribag and the case diary was also called for, for disposal of the criminal revision and the learned Sessions Judge while disposing of the criminal revision, quoted certain paragraphs of the case diary that from para -23 it could be revealed that co -accused Mantu Prasad Mehta had been supplying Ammonium Nitrate and detonators to the extremists which was given by the co -accused Mahendra Prasad Mehta. Referring to paragraph -32 of the case diary, the learned Sessions Judge quoted that Petitioner along with other co -accused were supplying Ammonium Nitrate and detonators to the persons who were engaged in stone business and other persons also. Para -30 of the case diary contained that the seized detonators ten in number were sent to B.S.F. Camp and the same were found effective. In view of the materials in the case diary, prayer of the Petitioner for release of the 364 bags of Ammonium Nitrate was refused and the impugned order recorded by the C.J.M. was affirmed.