MOTILAL Vs. STATE OF BIHAR NOW JHARKHAND

JUDGEMENT

(1.) Heard learned counsel appearing for the petitioner and learned counsel appearing for the State.

(2.) It is the case of the prosecution that the police in course of patrolling when did find a white Ambassador car parked at a place, the police asked form the driver and the two occupants about the reason for parking the car there. The driver informed the police that it has gone out of order. However, the police became suspicion that something is fishy. Thereupon the police asked the driver to open the dicky of the car. When it was opened search was made during which course 161 numbers of Jiletin weighing 22 kg. and two bags of Amonium Nitrate each weighing 50 kg. were found in the dicky. When the persons were asked as to from where they had brought it, they disclosed that they had purchased it from M/s Pawan Das & Company and were taking to some construction company. Both the incriminating materials were seized and a FIR was lodged against those three persons as well as against the petitioner, who happens to be the owner of M/s. Pawan Das & Company and also against the caretaker of the said company.

(3.) After completion of investigation charge sheet was submitted, upon which cognizance of the offence punishable under Sec. 4b/5 of the Explosive Substance Act and also under Sections 420, 414 and 120B of the Indian Penal Code was taken against the petitioner and others, vide order dated 13.11.1995. That order was challenged before this Court.