Karnataka High Court
Sri. Ramesh R.J vs The State Of Karnataka on 8 November, 2023
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
-1-
NC: 2023:KHC:39824
WP No. 24358 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
WRIT PETITION NO. 24358 OF 2023 (GM-RES)
BETWEEN:
1. SRI. RAMESH R.J.
S/O LATE JAYARAMAIAH
AGED ABOUT 55 YEARS
R/A REDDIHALLI VILLAGE
CHENNARAYAPATNA HOBLI
DEVANAHALLI TALUK
BANGALORE-562129
...PETITIONER
(BY SRI. SARAVANA S., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
BY CHENNARAYAPATNA POLICE
Digitally signed by B
K
DEVANAHALLI
MAHENDRAKUMAR BANGALORE-562129
Location: HIGH
COURT OF REP BY HCGP
KARNATAKA
HIGH COURT OF KARNATAKA
BENGALURU-560001
2. PUSHVATHI R
W/O GOPALKRISHNA
AGED ABOUT 47 YEARS
R/A BETTAKOTE GRAM PANCHAYAT
CHANNARAYAPATNA HOBLI
DEVANAHALLI TALUK
BANGALORE-562129
-2-
NC: 2023:KHC:39824
WP No. 24358 of 2023
3. SHEKAR D
S/O RAGHUNATH REDDY
AGED ABOUT 33 YEARS
VIJAYAPURA PURASABHA
DEVANAHALLI TALUK
BANGALORE-562129
...RESPONDENTS
(BY SRI.K.NAGESHWARAPPA, HCGP FOR R1)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA R/W SECTION 482 OF CR.P.C
PRAYING TO;
A) QUASH ANNEXURE-E AND H, F.I.Rs IN CRIME NO.119/2023,
DATED 09/10/2023 AND CRIME NO.215/2023, DATED
09/10/2023, REGISTERED BY THE R1 FOR THE OFFENCES
PUNISHABLE UNDER RULE 9 B(B) OF EXPLOSIVE ACT 1884
AND SECTION 286, 336 OF INDIAN PENAL CODE.
B) QUASH THE ORDER DATED 18/10/2023 AND 25/10/2023
PASSED BY THE ADDL CIVIL JUDGE AND JMFC DEVANAHALLI
PERMITTING THE R1 TO DISPOSE THE FIRE CRACKER SEIZED
UNDER MAHAZARS IN P.F. NO.54/2023 AND P.F. NO.137/2023
IN FIR NO.119/2023 AND 215/2023, AS PER ANNEXURE- M
AND N IS ARBITRARY AND ILLEGAL.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
Service of notice on the respondent Nos.2 and 3 is dispensed with.
1. The petitioner is sought to be prosecuted for the offence punishable under Rule 9B(b) of the Explosive Act, -3- NC: 2023:KHC:39824 WP No. 24358 of 2023 1884 and Sections 286 and 336 of the Indian penal Code, 1860.
2. The F.I.R is registered against the petitioner alleging that he is possessing the fire crackers without obtaining licence as stated under the provision of the Explosive Act and Rules.
3. The learned Magistrate, by the impugned order directed the Investigating Officer to destroy the fire crackers seized from the petitioner. The petitioner's grievance is that, if the fire crackers are destroyed, he would be put to monitory loss.
4. Learned High Court Government Pleader submits that the petitioner having stocked the fire crackers without obtaining any licence is not entitled for release of the fire crackers, and the learned Magistrate has rightly passed the impugned order.
5. The petitioner has produced the licence in Form-LE-5 issued by the Deputy Commissioner and the District -4- NC: 2023:KHC:39824 WP No. 24358 of 2023 Magistrate, Bengaluru Rural District, granting the temporary licence for possession and sale of fire crackers in the temporary shop from 22.10.2022 to 26.10.2022. The petitioner is required to obtain the licence for possessing fire crackers every year, and in the light of the same, the petitioner submitted an application with the competent authority and the application for grant of licence for possessing and selling the fire crackers for the Deepavali festival, 2023 is pending consideration. Hence, it would suffice, if the fire crackers seized is released to the petitioner, subject to the petitioner obtaining the licence from the competent authority. Accordingly, I proceed to pass the following;
ORDER (1) The petition is allowed.
(2) The orders dated 18.10.2023 and 26.10.2023 passed by the Additional Civil Judge and J.M.F.C, Devanahalli in Crime No.215/2023 registered by the Vijayapura -5- NC: 2023:KHC:39824 WP No. 24358 of 2023 Police Station, Devanahalli is hereby quashed.
(3) The petitioner is entitled for release of the fire crackers seized under the mahazar in P.F.Nos.54/2023 and 137/2023 in crime Nos.119/2023 and 215/2023 registered by the Vijayapura Police Station, Devenahalli, subject to the petitioner furnishing the licence issued by the competent authority for possessing and selling the fire crackers. Hand delivery is ordered.
Sd/-
JUDGE GH List No.: 1 Sl No.: 15