Court : Madhya Pradesh
..... procedure adopted by the respondent/state in the meeting scheduled for consideration of the application for grant of permit is contrary to the provisions of section 80 of the act, judgments of the hon'ble apex court and this court referred to hereinabove. that apart, respondents cannot be permitted to play fast and loose ..... islands of isolations are not created leading to regional or local imbalances; (d) concern for road safety standards, and pollution-control measures, standards for transport hazardous and explosive materials; (e) simplification of procedure and policy liberalizations for private sector operations in the road transport field; and (f) need for effective ways of tracking down ..... on a fixed date, at a particular place and time and thereafter grant the permit in a manner of quasijudicial enquiry as contemplated under section 57of the old act. prescription of cut off date for filing of the applications and documents in the pending applications, in the opinion of this court is not .....
Tag this Judgment!Court : Madhya Pradesh
..... 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 ..... 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 .....
Tag this Judgment!Court : Madhya Pradesh
..... by the applicant that she took the house of manish rathore on rent to keep the kerosene. however, neither any permission was taken from the collector, nor from the chief explosive controller to crr no.2423/2012 keep such kerosene in the house of manish rathore. also, if kerosene was shifted because shop of the applicant was in dense locality then ..... appears that the applicant sold blue kerosene to manish rathore, which was given to the applicant for distribution amongst consumers.under such circumstances, the act of the applicant falls within the purview of offence of essential commodities act and therefore, if the entire substance was confiscated then, certainly, no illegality or perversity was done either by the collector or by the appellate .....
Tag this Judgment!Court : Madhya Pradesh
..... the learned counsel for petitioner that though submission has been made by the state, but still the mining activities are going on, even by using dynamite and other explosive materials. considering the aforesaid, we find that at present there is no lease in favour of respondent no.5 or in favour of intervener though appeal against the ..... to direct the respondent to cancel the quarry lease of respondent no.5 in concerned area due to breach of condition and rules of m.p.miner & mineral act and also due to illegal blasting by using dynamite, during excavation. (iv) to grant any other relief deemed just and proper in the facts and circumstances of ..... matter of illegal excavation and illegal blasting by respondent no.5 and against the authority concerned who have failed to discharge their duty to provide assistance in such illegal act of respondent no.5. (ii) that, a criminal and legal proceeding as per law, be ordered against the guilty person authority concerned for such illegal excavation and .....
Tag this Judgment!Court : Madhya Pradesh
..... jabalpur, who committed the case to the court of session. the 14th additional sessions judge, fast track court, jabalpur framed the charge under section 5 of the explosive substances act. the appellant abjured the guilt and pleaded false implication on appraisal of evidence on record, the learned 14th additional sessions judge convicted and sentenced the ..... order passed by the court below. since the learned counsel for the appellant has not pressed for the conviction of the appellant recorded under section 5 of the explosives substances act by the sessions court, same is hereby affirmed. so far as sentence is concerned, the incident had taken place about 10-11 years before ..... i.e.r.i.for 1 years.consequently, the appeal is partly allowed. the conviction of the appellant recorded by the court below under section 5 of the explosive substances act is hereby affirmed. the sentence of the appellant recorded by the court below is reduced. the appellant is sentenced for the period already undergone .....
Tag this Judgment!Court : Madhya Pradesh
..... . the applicant apprehends his arrest in connection with crime no.64/2011 registered at p.s.omti, district jabalpur for the offence punishable under sections 147, 148, 149, 307 of the ipc and section 3/5 of the explosive substances act. learned counsel for the applicant has submitted that applicant is falsely implicated in this case. after dismissal of the previous application, applicant was ..... enlarged on anticipatory bail in crime no.65/2011 registered at p.s.omti for the offence punishable under sections 147, 148, 149, 307, 332, 353 of the ipc and section 3/5 of the explosive substance act. the aforesaid crime is also related with the same incident except the change in the complaint. the applicant is mohd. sazid and .....
Tag this Judgment!Court : Madhya Pradesh
..... diesel oil (iv) high-speed classifiable under diesel oil classifiable heading 27.10 of the under heading schedule to the said 27.10 of the act. schedule to the said act. 13. explosives would fall under column (2) being a tariff item in chapter 36; the intermediate product, namely, limestone would c.e.s.r.no. ..... packaging materials the cost of which is not included or had not been included during the preceding financial year in the assessable value of the final products under section 4 of the act; (iv) cylinders for packing gases; (v) plywood for tea, [chests; or].(vi) bags or sacks made out of fabric (whether or not coated, ..... section 35h of the central excise act, 1944. the facts of the case are that the respondent was engaged in the manufacturing of cement and was extracting limestones from the mines and for that purpose it was using explosives. the respondent had claimed modvat under rule 57a of the central excise rules, 1944 (hereinafter referred to as 'rules' for short) on the explosives .....
Tag this Judgment!Court : Madhya Pradesh
..... whereby the matter was remanded to the trial court for retrial of the case, whereas the applicants were convicted for the offence punishable under section 304- a of ipc and section 5 (3) (a) of indian explosive act, 1984, vide judgment dated 12.7.2010 passed by the learned jmfc, chhatarpur (shri rajesh devaliya) in criminal case no.261/ ..... applicants for the aforesaid offences, whereas the appellate court remanded the case with the pretext that on the date of the incident, no provision of section 5 (3) (a) of the explosive act was in force and therefore, the applicant could not be convicted for that offence.4. i have heard the learned counsel for the parties.5 ..... highly objectionable that the matter was remanded against the applicants, so that they may be convicted for an appropriate offence of the explosive act. the learned additional sessions judge does not have the power under section 482 of the cr.p.c. and therefore, he could not pass such an order in the appeal filed by the applicants .....
Tag this Judgment!Court : Madhya Pradesh
w.p.no.6177/2013 05.04.2013 shri pramod patel, advocate for the petitioner. shri p.k.kaurav, additional advocate general along with shri r.s.parmar, t.i., police station, gorakhpur and shri sushil patel, t.i., police station, kotwali, jabalpur are present. it is intimated by shri kaurav that the petitioner's brother sonu jatav has been arrested by police of police station, gorakhpur in an offence under section 5 of the explosive substances act and he has been sent to judicial custody. in view of the aforesaid statement made by shri kaurav, learned counsel appearing for the petitioner seeks withdrawal of this petition with a liberty to move appropriate forum for redressal of his grievance. prayer is allowed. this petition is dismissed as withdrawn with liberty, as prayed. (krishn kumar lahoti) (b.d.rathi) judge judge psm
Tag this Judgment!Court : Madhya Pradesh
..... has challenged the order dated 27.7.2009 passed by the learned third additional sessions judge, khandwa in s.t.no.94/2009, whereby the charges of offence punishable under sections 304 (ii).286 of ipc and section 5/9 of explosive substance act were framed against the applicant. the prosecution's case, in short, is that, the applicant kept some ..... then, it was to be examined by the applicant whether he has licence to keep such explosives in that room in such a bulk quantity or not. under such circumstances, the overt-act of the applicant falls within the purview of section 300 (4) of ipc that his act was imminently dangerous that he should knot that in all probability, a death would be .....
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