Court : Kolkata
Reported in : 29Ind.Cas.513
Mookerjee, J.1. On the 21st November 1913, during the early hours of the morning, in execution of a warrant issued by the Deputy Commissioner of Sylhet, a search was made of a room, rented and occupied by one Sasankasekhar Hazra, alias Amritalal Hazra, at 296-1, Upper Circular Road, in the eastern--suburbs of Calcutta. The search warrant authorised the Commisioner of Police to search the premises for explosives, letters, and documents in connection with a bomb outrage committed at Moulvi Bazar on the 27th March 1913. At the search, the Police arrested Sasankasekhar Hazra as also three other persons, Dinesh Chandra Das Gupta, Chandrasekhar De and Sarada Charan Guha, who were found asleep inside the room. The Police found in the room various articles and papers, and amongstotbers, a totacco-tin fitted with three iron discs (two inside and one outside) and four iron clamps, another tin of similar size, four clamps made to fit the second tin, and other discs and clamps, finished and unfini...
Tag this Judgment!Court : Chennai
Reported in : AIR2003Mad41
ORDERD. Murugesan, J.1. Since the issues involved in the above writ petitions are common, all the writ petitions are taken up together for disposal by this common order.2. For better appreciation, the facts relating to W.P.No.14431 of 1994 may be referred to first in this order. The petitioner is Sri Kaleeswari Metal Powder Private Limited represented by its Managing Director, Sivakasi. The petitioner is the owner of the lands comprised in S.Nos.477/1 to 8, 479/1A, 1B and 2, 499, 500/2B1, 500/2B2, 500/5, 6, 8 and 9 at Injar Village, Virudhunagar. Before establishing the factory to manufacture aluminium powder at the above lands, the petitioner obtained permission from the first respondent panchayat on 6.6.91 for construction of factory buildings. Pursuant to the said permission, the petitioner completed the construction during February 1994. Before commencing the production, the petitioner applied for licence under the provisions of the Explosives Act, 1884 on 27.8.93. By a communicati...
Tag this Judgment!Court : Patna
S.J. Mukhopadhaya, J.1. These two appeals on behalf of twelve appellants in all are directed against judgment and order of conviction. The appellants of Criminal Appeal No. 158/ 96 have been convicted under Sections 3 and 4 of the Explosive Substances Act, 1908 and sentenced to rigorous imprisonment for ten years each under both. They have also been convicted under Section 148 of the Penal Code and sentenced to rigorous imprisonment for two years. The sole appellant of Criminal Appeal No. 190/96 too has been convicted under Sections 3 and 4 of the Explosive Substances Act but sentenced to rigorous imprisonment for life under Section 3 of the Act and rigorous imprisonment for 15 years under Section 4. He too has been convicted under Section 148 of the Penal Code and sentenced to rigorous imprisonment for two years. It may be stated here that 15 persons including 12 appellants herein were put on trial. The trial of three of them, namely, Md. Samiullah, Md. Mursalim and Md. Nasim was sep...
Tag this Judgment!Court : Orissa
Reported in : 2002(II)OLR36
L. Mohapatra, J.1. This application under Section 482. Cr.P.C. has been filed challenging the order dated 23.7.1998 passed by the learned S.D.J.M. (Sadar), Cuttack in G.R. Case No. 739/1994 framing charge for commission of offence under Section 9-B of the Indian Explosives Act as well as under Sections 25/27 of the Arms Act.2. The case of the prosecution is that on 10.5.1994 from the house of the petitioner one gupti, one gun, one small knife, three numbers of parsuram farsa, two numbers of tenta, two iron rods, one sword, some live bombs, white powder, red powder, fishing net, etc. were recovered and seized. Pursuant to such-seizure, the aforesaid G. R. Case was registered for commission of offence under Section 9-B of the Indian Explosives Act as well as under Sections 25/27 of the Arms Act. On 5.5.1997 when the matter was taken up for framing of charge, an application was filed by the petitioner to discharge him on the ground that no offence is made out even the seizure of the artic...
Tag this Judgment!Court : Delhi
Reported in : 2007(99)DRJ182
Shiv Narayan Dhingra, J.1. This appeal has been preferred by the appellant against the judgment dated 13th July, 2004 whereby the appellant was convicted by the Trial Court under Sections 4 and 5 of the Explosive Substances Act and against the order of sentence whereby the Trial Court sentenced the appellant to undergo RI for 10 years and a fine of Rs. 5,000/- under each Section.2. During arguments, the counsel for the appellant submitted that the case of the appellant was of October, 2000 and the appellant was governed by Explosive Substances Act 1908 as it stood in the year 2000. The Explosive Substances Act was amended by Act No. 54 of 2001 and punishment as provided under Sections 4 and 5 of the Explosive Substances Act was changed. The counsel argued that under the unamended provisions of the Explosive Substances Act, the petitioner could not have been sentenced for a period of 10 years under either Section 4 or Section 5 of the Explosive Substances Act and maximum punishment that...
Tag this Judgment!Court : Gujarat
Reported in : (1998)2GLR1009
S.D. Pandit, J. 1. These two appeals are preferred against the judgment of the learned single Judge in S.C.A. No. 1921 of 1996 decided on 8-8-1996. As the respondent in both these appeals is one and the same and as the respondent-petitioner has sought relief jointly against both the appellants before This Court and as both the appeals are preferred against one and the same judgment, we are disposing of both these appeals by this common judgment. The respondent Parmar Jadavji Dhanaji (hereinafter referred to as respondent-Parmar) is an unemployed citizen of India and is holding a diploma in Mechanical Engineering and T.V. Engineering. He applied for retail dealership in petroleum products of the Indian Oil Corporation ('I.O.C.' for short) the appellant in L.P.A. No. 1056 of 1996 in pursuance of its advertisement dated 24-8-1976. The appellant I.O.C. on 15-11-1976 selected the petitioner for putting up a retail outlet by its letter dated 15-11-1976 for putting up a retail outlet at Kotha...
Tag this Judgment!Court : Mumbai
Reported in : AIR1958Bom147; (1957)59BOMLR485; 1958CriLJ489; ILR1957Bom480
Vyas, J.1. This is an appeal by the State of Bombay and it is an appeal from the Judgment of the learned Presidency Magistrate, 10th Court, Andheri, Bombay, acquitting the respondent who was charged with having committed an offence under Section 5, Sub-section (3) of the Indian Explosives Act read with Rule 81 of the Explosives Rules, 1940,2. On 24-8-1954, at about 2.45 O'clock in the afternoon an explosion occurred in the Morani Fire Works situated at Andheri, aS a result of that explosion, 19 lives were lost and some workers sustained injuries. One of the injured persons was Namdeo Dharma whose right leg had to be amputated. The respondent is the owner of the Morani Fire Works. He was holding two licences under the Indian Explosives Act. In this appeal we are concerned with the first licence. It was a licence for manufacturing possessing and selling 200 Lbs. of fire works. This licence was dated 12-5-1947. It was renewable annually and it was to be valid upto 31-3-1955. This licence ...
Tag this Judgment!Court : Karnataka
Reported in : [2006]144STC446(Kar)
R.V. Raveendran, J.1. The appellant, a registered dealer under the Karnataka Sales Tax Act, 1957 ('the Act', for short), engaged in the business of sale of LPG (liquid petroleum gas).2. The appellant purchases LPG in bulk from M/s. Reliance Industries Limited and fills it in small cylinders of different capacities and sells such gas in cylinders. It is stated that transferring gas from a bulk container into small cylinders is a complicated process involving use of compressors, evacuating systems, filling guns, etc. It is alleged that without the use of such machinery/equipment, it will not be possible to transfer gas which is received by it in bulk to small cylinders. It is submitted that machinery that are used by the appellant for this purpose fall under Entry 1(iii)(a) of Part M of the Second Schedule to the Act.3. The Government of Karnataka, by notification dated March 31, 2000 issued under Section 8A of the Act reduced the tax payable by a dealer under Section 5 of the Act in res...
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2000(5)ALD72; 2000(4)ALT393; 2001CriLJ2972
ORDERRamesh Madhav Bapat, J.1. In all the above writ petitions a common question of law is involved and therefore they are disposed of by a common order.WP No.3076 of 2000:The convict is the father of the petitioner herein. He was convicted for the offences punishable under Sections 148 and 302 read with Section 149 IPC and also under Section 3 of the Explosive Substances Act by the Sessions Judge, Ananthapur in Sessions Case No.105 of 1984 on 22-7-1985 and he is undergoing the sentence. Criminal Appeal No.672 of 1985 filed by the convict was dismissed. It is pleaded by him that he has undergone the sentence of 9 years 7 months and 20 daysand remand period of two months 26 days. Thus, the total sentence undergone by the convict is 13 years 2 months and 16 days including special remission given by the Government from time to time as on 26-1-2000. WP No. 5760 of 2000:The convict is the brother of the petitioner herein. He was tried by the Sessions Judge, Cuddapah in Sessions Case No. 236...
Tag this Judgment!Court : Delhi
Reported in : 140(2007)DLT428
P.K. Bhasin, J.1. Conviction of one Md. Hussain @ Julfikar Ali @ Abdul Rauf s/o Nazir Ahmed for the offences under Sections 302/307 IPC and Section 3 of the Explosive Substances Act, 1908 vide judgment dated 26-10-04 and imposition of death sentence upon him vide order dated 3-11-2004 passed by the Additional Sessions Judge, Delhi in sessions case No. 122/98 has led to the making of a reference to this Court by the trial court for confirmation of the sentence of death and filing of an appeal by the above named convicted accused.2. The case of the prosecution as culled out from the trial court record is as follows:On 30-12-1997 at about 6.20 p.m. one blue line bus No. DL-1P-3088 carrying passengers on its route to Nangloi from Ajmeri Gate stopped at the Ram Pura bus stand on Rohtak Road for passengers to get down. The moment that bus stopped there an explosion took place inside the bus because of which its floor got ripped apart. Four passengers of that bus, namely, Ms. Tapoti, Taj Mohd...
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