Court : Kerala
..... also including a statement that bursting of sound-emitting fire works is restricted to be between 6 p.m. and 6 a.m. in terms of the explosives act and the explosives rules. but, what has been stated in that report is that bursting of sound-emitting fireworks shall not be between 10 p.m. and 6 a.m. as ..... s plenary power under article 142 of the constitution and was ordered to remain in force until modified by that court or superseded by an appropriate legislation. while the explosives rules, 2008 was made thereafter and also while those rules were amended in 2011, the central government has not placed any restriction on the time limit or time frame ..... what would be the quality of the sound level that could be maintained for the sound producing fireworks. the learned amicus curiae points out rule 4(3) of the explosives rules which prescribes the sound level for sound-emitting fireworks, among other things. he has also referred to environment protection rules schedule 89 which also is to the .....
Tag this Judgment!Court : Kerala
..... cases of the traditional run of the mill, and matters that would go under the carpet of an allegation of an offence punishable under section 304 and allied sections of ipc and the marginal less punitive provisions of the explosives act. 12. we do not know as to what is the explanation of the police to the aforesaid situation. all that has been mentioned ..... and the executive officers of the area concerned were aware of the likelihood of commission of such offence of using explosives without licence, there is an intrinsic aiding process in them which makes it culpable under section 119 ipc. section 12 of the explosives act deals with abetment. as already stated by us earlier, we note all these provisions to indicate that even the bare .....
Tag this Judgment!Court : Kerala
..... reveals that the petitioner is accused of having committed offence punishable under s.9b(1) of the explosives act, 1884. s.9b of the explosives act reads as follows: 9b: punishment for certain offences:- (1) whoever, in contravention of rules made under section 5 or of the conditions of a licence granted under the said rules- (a) manufacturers, imports ..... 482 of the code of criminal procedure seeking to quash annexure f charge sheet laid against the petitioner alleging offence punishable under s.9b(1) of the explosives act, 1884. 2. the prosecution allegation is that, on 07.08.2013, the petitioner was found in possession of 25 bundles of safety fuses and 100 ordinary ..... view of the above fact, it cannot be said that the petitioner has contravened either s.9b(1) of the explosives act, 1884 or the explosives rules, 2008. the prosecution records also reveal that the explosives were stored in a concrete shelf inside the store and the prosecution has no case that the items were stored in .....
Tag this Judgment!Court : Kerala
..... had submitted the application for renewal of licence and nothing is borne out in regard to the period for which renewal has been sought. 'year' is defined under the act as per section 2(xlviii) as 'year' means the financial year . under the dando rules, year is not defined, whereas, as per rule 2(e), it is stated that in ..... been operating a quarry on the basis of a quarrying lease dated 19/3/2010 and licence/permission obtained from various authorities including the pollution control board, the controller of explosives, the panchayat etc,. as per ext.p4 dated 20/3/2014, the licence was granted for a period of one year upto 31/3/2015 covering all the ..... the licensee is complying with the conditions imposed under the licence as per the rules, byelaws etc. 15. learned counsel for the panchayat however places reliance on section 236(1) of the act and rule 10 of the d and o rules to contend that the application submitted by the petitioner was not an application submitted in accordance with law. .....
Tag this Judgment!Court : Kerala
..... be verified whether the reasons 5 to 8, 18 and 19 come within the area of consideration of the panchayat in terms of section 233 of the act. section 233 of the act reads as under: 233: permission for the construction of factories and the installation of machinery no person shall, without the permission of ..... the situation with reference to the expert opinion given by the pollution control board, district medical officer and the ministry of commerce and industry and petroleum explosives safety organization. all these authorities are concerned with the grant of licence/permission and they have stipulated various conditions. in such a situation, the question ..... fire officer regarding adequacy of fire prevention and fire fighting machines planned, if the proposed industry involves use of high tension power or inflammable or explosive materials. however, no report from the medical officer shall be called for if the applicant produces a declaration recommended by an officer of the industries .....
Tag this Judgment!Court : Kerala
..... the said persons are accused in crime nos.859/2015 and 862/2015 of the chakkarakkal police station relating to offences under sections 3 and 5 of the explosive substances act as well as sections 4 and 5 of the explosive substances act. when the said crime numbers are given by the learned sub divisional magistrate in the said order, by stating that ..... fact that the name of the police station is not noted in the crime. crime no.577/2012 is one for the offences under section 153 ipc as well as sections 3 and 5 of the explosive substances act, etc. two crimes are of the year 2015. therefore, it cannot be said that the apprehension forwarded by the learned sub divisional ..... imminent at least based on those two crimes. when the petitioner is involved in a crime for an offence under section 436 ipc as well as another crime for the offences under sections 3 and 5 of the explosive substances act, it cannot be said that there was no reason for a satisfaction on the part of the learned sub divisional .....
Tag this Judgment!Court : Kerala
..... nos.2 and 15 were sentenced to undergo ri for three years each for the offence punishable under section 3 of the explosives substances act and ri for two years each under section 5 of the explosives substances act. 13. the appellants assails the conviction and sentence in this appeal. 14. mr.p.vijaya bhanu, the learned senior counsel appearing for the ..... court, thalassery, after hearing the prosecution and the accused, framed charge for the offence under section 143, 147, 148, 324 and 302 read with section 149 of the ipc, s.3 and 5 of the explosives substances act, 1908 and section 27(1) of arms act, 1959. to the charge the accused pleaded not guilty and claimed to be tried. the prosecution ..... 12 and 15 were found guilty for the offense under s 148 of the ipc and under section 27 (1) of the arms act. all accused except accused nos. 2 and 5 were acquitted of the offences under section 3 and 5 of the explosive substances act. that being the case, conviction of accused nos. 3 to 11, 13, 14 and .....
Tag this Judgment!Court : Kerala
..... by hurling a bomb on his maruti van. in respect of that incident, kathirur police registered crime no.105 of 2009 under section 307 ipc and sections 3 and 5 of the explosive substances act. the accused in the present case are office bearers or sympathisers of cpi(m). accused no.1 vikraman is a close associate ..... cbi. the offences alleged against the accused are under sections 120b read with sections 143, 147, 148, 201, 212, 324, 307 and 302 read with section 149 of the indian penal code; sections 3 and 5 of the explosive substances act; section 27 of the arms act and section 16(a) read with section 15(1)(a)(i) and 19 of the unlawful activities ..... (prevention) act (hereinafter referred to as the 'uap act'). it is submitted by the learned counsel appearing for .....
Tag this Judgment!Court : Kerala
..... expiry of the said period of ten working days." 20. as against any order passed by the district board, an appeal is provided under section 11 of the 1999 act. section 13 gives power to the state board to revoke the licence suo motu on being satisfied that the clearance or certificate of licence has been obtained ..... authorised by him regarding the adequacy of fire prevention and fire fighting measures planned if the proposed industry involves the use of high tension power or inflammable or explosive materials: provided that, no report under clause (b) shall be called for in respect of any industry if the applicant produces a declaration recommended by an ..... is stated that, even thereafter, on 5/8/2014, the convenor of the board called upon the panchayat to review its decision and grant permission under section 233 of the act. petitioners submit that the 8th respondent has now started construction of the m sand unit without any permission/noc/consent or licence from any competent authorities. .....
Tag this Judgment!Court : Kerala
..... the report in paragraph 21 and further observed in paragraph 24 that the state governments have to frame proper rules in accordance with the recommendations under section 15 of the 1957 act. paragraphs 21 and 24 are as follows: 21. further, it was also recommended that states, union territories would see that mining of minor ..... and restriction on the location of industries and carrying on process and operations in different areas. the central government in exercise of the powers under section 3(2) of the 1986 act read with the power under clause (d) of rule 5(3) of the 1986 rules has issued notification dated 27.01.1994 which ..... to section 3 of the mines act learned counsel for the petitioners submitted that although section 3(1) provides exemption with regard to mining of murrum, laterite, boulder, gravel, shingle, ordinary sand, etc. but where the depth of excavation exceeds six metres or persons employed are more than 50 and explosives are used, regulation under the mines act comes .....
Tag this Judgment!