Leila Seth, J.
(1) Mr. Gupta says that he is pressing this petition only in respect of the order dated 4th January. 1988 issued by the Deputy Commissioner of Police (Licensing), Delhi. He further says that he will file a reply to the show cause notice dated 5th October, 1988 issued by the Controller of Explosives North Circle, Agra and agitate his grievances pertaining to that matter before the said authority.
(2) Rule D.E.
(3) Counsels are agreed that the matter be heard and disposed of here and now.
(4) The petitioners are wholesale dealers of fire works. Admittedly, they obtained a license as far back as 1979 which was renewed from time to time. It is not disputed that the petitioner's license is in force.
(5) On 7th December, 1987, a fire broke out in the petitioner's shop bearing No. 49A, Central Market, Kidwai Nagar, New Delhi. Police Station was informed about the fire. An intimation was also sent to the Deputy Chief Controller, Explosives, Agra and Controller of Explosives, Chandigarh. Consequent on this fire, a first information report No. 264 dated 7th December, 1987 under section 9B(l)(b) of the Explosive Act and 286 of the Indian Penal Code was registered at Police Station Kotia Mubarkpur.
(6) On 4th January, 1988, the Deputy Commissioner, of Police (Licensing), respondent No. 4, issued an order directing the petitioners 'not to store' any fire works in the above shop till 'the clearance is given by this office.'
(7) On 28th January, 1988 the Deputy Chief Controller, Explosives issued a show cause notice to the petitioners as to why license No. De-66/E (Form 24) held by the petitioners be not suspended/cancelled in public interest. Subsequently, another show cause notice dated 5th October, 1988 has been issued. Proceedings are going on in pursuance of these shows cause notice but no suspension or cancellation order has been issued.
(8) Ms. Ahlawat appearing for respondents 3 and 4 has submitted that the order dated 4th January 1988 has been issued in pursuance of rule 179(l)(d) of the Explosives Rules. 1983. Rule 179(l)(d) reads as follows:
'POWERS of search and seizure :- (1) Any officer specified in column (i) of the Table below may within the areas specified in the corresponding entry in column (2) of that Table- (d) seize, detain and remove any explosive or ingredients thereof found therein together with connected documents thereof in respect of which he has reason to believe that any of the provisions of the Act or these rules have been contravened.'
(9) This rule gives power to the officers specified to seize, detain or remove any explosive or ingredients thereof in respect of which he has reason to believe that the provisions of the Act or rules have been contravened. Respondent No. 4 is such a specified officer in terms of section 4(c)(a) of the Explosives Act. However, it is apparent from the said rule that there is no power given under this rule pertaining to storage of explosives. Ms. Ahlawat could not show us any other provision in the Act or the Rules under which respondent No. 4 has the power to direct the petitioner 'not to store' any fire works in the said shop.
(10) The order dated 4th January, 1988 directing the petitioner not to store any fire works is, thereforee, beyond the jurisdiction of respondent No. 4. Consequently, the order dated 4th January, 1988 is quashed.
(11) The writ petition is disposed of accordingly. There will be no order as to costs.
(12) A copy of the order be given to counsel for the parties.