KAMAL SHEIKH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS application has been filed for quashing of the order dated 4.8.2012 passed by learned Sub -divisional Judicial Magistrate, Deoghar in Jasidih P.S. case no.140 of 2012 (G.R.No.631 of 2012) whereby and whereunder cognizance of the offence punishable under Sections 4, 5, 6 of the Explosive Substances Acth as been taken against the petitioners.

(2.) IT is the case of the prosecution that when Officer -in -Charge of Jasidih Police Station received secret information that two persons are carrying explosives in a Bus named as Puja Bus plying between Jasidih and Dumka, he along with police party intercepted the Bus bearing registration no.BR -12 - A -2201 in the bus stand itself. On search being made, two bags each containing 80 bundles of detonators in total 4000 detonators were found beneath the seat, upon which these petitioners were sitting, which were seized and the petitioners were apprehended. On being quizzed, the petitioner no.1 Kamal sheikh disclosed that he had purchased the same from one Ishakh Mian by paying a sum of Rs.3000/ - and the same were being carried to sell it to one Udai Ghosh.

(3.) AFTER completion of the investigation, police submitted charge sheet against the petitioners, upon which cognizance of the offences punishable under Sections 4, 5 and 6 of the Explosive Substances Act was taken against the petitioners vide order dated 4.8.2012 which is under challenge. Mr.Gautam Kumar, learned counsel appearing for the petitioners by referring to the provision as contained in Section 4(d) of the Explosives Act defining 'explosives' submitted that detonator falls within the category of explosive and as such, having possession of it cannot be a subject matter of prosecution under Sections 4, 5 and 6 of the Explosive Substance Act. In this regard it was submitted that detonator is never the substance which itself causes explosion, rather it is a device used to trigger an explosive device which can be done chemically, mechanically or electrically.