Sharad Kumar Agrawal Vs. State of M.P. - Court Judgment

(1) This petition, under Section 482 of the Code of Criminal Procedure, has been preferred for quashment of entire proceedings pending in Session Trial No.25/2010 in the Court of Sessions Judge, Mungaoli, District Ashok Nagar for the offence punishable under Section 4 and 5 of the Explosive Substances Act, 1908 which has arisen out of the Crime No.135/2009 dated 09.04.2009 registered at Police Station Chanderi, District Ashok Nagar (M.P.)

(2) As per the prosecution case, on 09.04.2009 at about 08:05 pm a truck bearing number MP09 KB3627 was searched by the police. During search, 320 bags of Ammonium Nitrate were seized vide seizure memo dated 09.04.09. Relevant documents of registration, permit, fitness etc. were also seized. Initially, Crime was registered at outpost Rajghat, District Ashok Nagar and thereafter original FIR was registered at Crime No.135/2009 at Police Station Chanderi, District Ashok Nagar (M.P.) for the offence punishable under Sections 4 and 5 of the Explosive Substances Act.

(3) After completion of the investigation, charge-sheet 2 Mcrc.3892.2010 Sharad Kumar Agrawal Vs. State of M.P.

was filed and the case was committed to the Court of Session where Session Trial No.25/2010 was registered. (4) It is submitted by Shri Chaturvedi, learned counsel appearing on behalf of the petitioner that the substance, namely, Ammonium Nitrate was not the explosive substance on 09.04.2009 as defined under the Explosive Substances Act. In the gazetted notification of Government of India dated 11.07.2012 Ammonium Nitrate Rules 2012 were published and enforced from the date of its publication. Therefore, charges under Section 4/5 of the Explosive Substances Act could not be framed against the petitioner on the ground that bags of Ammonium Nitrate were seized in the year 2009.

(5) Prayer was opposed by the learned Panel Lawyer, appearing on behalf of the respondent/State. (6) Having regard to the arguments advanced by the learned counsel for the parties, entire record has been perused.

(7) Undisputedly, the rules namely Ammonium Nitrate Rules, 2012 came into force from the date of its publication which is 11th July, 2012. The Gazette Notification of Government India is dated 11.07.2012 by which rules have been published. Rule 3 which pertains to Ammonium Nitrate as an explosive substance would be deemed as 3 Mcrc.3892.2010 Sharad Kumar Agrawal Vs. State of M.P.

explosive substance with effect from 11.07.2012 and not earlier to it.

(8) As per the clarification issued by the Government of India on 18th March, 2009, Ammonium Nitrate per se is not an explosive and does not require any licence under either Explosives Act, 1884 or Explosive Substances Act, 1908. (9) Since the Ammonium Nitrate Rules, 2012 came into force only on 11.07.2012, therefore, earlier to commencement of these rules i.e. on 09.04.2009 if Ammonium Nitrate was found in the possession of the petitioner, no licence thereof was required since it was clarified by the Government of India vide its clarification dated 18th March, 2009 wherein specifically it has been mentioned that Ammonium Nitrate per se is not an explosive and does not require any licence under either Explosives Act, 1884 or Explosive Substances Act, 1908 at present.

(10) Hence, this Court is of the view that because on 09.04.2009 no licence was required by the petitioner to carry on the trade of Ammonium Nitrate, therefore, he cannot be prosecuted and charged under Section 4 and 5 of the Explosive Substances Act.

(11) Ab judicato, this petition succeeds and is hereby allowed. Charges framed under Sections 4 and 5 of the 4 Mcrc.3892.2010 Sharad Kumar Agrawal Vs. State of M.P.

Explosive Substances Act are hereby quashed. Entire proceedings in regard to Sessions Trial No.25/2010 are hereby dropped. Petitioner is discharged. He is entitled to get seized articles as per law.