Karnataka High Court
Sri. Santosh. K. S vs The State Of Karnataka on 7 November, 2023
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
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NC: 2023:KHC:40074
WP No. 24557 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
WRIT PETITION NO. 24557 OF 2023 (GM-RES)
BETWEEN:
SRI. SANTOSH. K. S.
MANAGING PARTNER OF M/S. SRI. LAXMI
VENKATESHWARA CRACKERS BAZAAR,
S/O. K. V. SATYANARAYANA SETTY,
AGED ABOUT 46 YEARS,
R/AT NO. 152, 3RD CROSS,
MANASARA ROAD, INDIRA NAGARA,
MYSORE-570 010.
...PETITIONER
(BY SRI. D R RAVISHANKAR, SENIOR COUNSE FOR
SMT. SIRI R, ADVOCATE)
AND:
THE STATE OF KARNATAKA
BY KRISHNARAJA POLICE AGRAHARA,
Digitally signed by B M.G. ROAD, K.R. MOHALLA,
K
MAHENDRAKUMAR MYSORE, KARNATAKA-570 004,
Location: HIGH
COURT OF
REPRESENTED BY ITS HCGP,
KARNATAKA
HIGH COURT OF KARNATAKA,
BENGALURU-560 001.
...RESPONDENT
(BY SRI. K NAGESHWARAPPA, HCGP FOR R-1)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA READ WITH SECTION 482 OF
THE CODE OF CRIMINAL PROCEDURE PRAYING TO QUASH FIR
IN CRIME NO.90/2023 DTD 12.10.2023, VIDE ANNEXURE-D
REGISTERED BY THE RESPONDENT FOR THE OFFENCES
PUNISHABLE UNDER RULE 9(B)(2) OF EXPLOSIVE ACT 1884
AND SECTION 286 R/W SECTION 34 OF INDIAN PENAL CODE
AND SET ASIDE THE ORDER DTD 30.10.2023 PASSED BY THE
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NC: 2023:KHC:40074
WP No. 24557 of 2023
IV JMFC, MYSURU IN CRIME NO.90/2023, PROHIBITING THE
R1 TO RELEASE THE CRACKER BOXES IN P.F.NO.109/2023,
ITEM NOS.1 TO 12, IN FAVOUR OF THE PETITIONER VIDE
ANNEXURE-G.
THIS PETITION, COMING ON FOR FRESH MATTERS, THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
Heard Mr. D.R. Ravishankar, learned senior counsel for the petitioner's counsel and the learned HCGP for the respondent- State.
2. The petitioner who has been issued licence for stacking the fire crackers under the Explosives Act is sought to be prosecuted for the offences punishable under Section 286 r/w Section 34 of the IPC, and Section 9 (2) (B) of the Explosives Act, 1884, alleging that the petitioner had stacked fire crackers in excess of the permitted limit.
3. The petitioner filed an application under Sections 451 and 457 of Cr.P.C. for release of the fire crackers seized. The Investigating Officer submitted a report with the learned Magistrate stating that he has no objections for releasing the fire crackers seized. The learned Magistrate rejected the application on the ground that the investigation is still under progress and at this stage, the petitioner is not entitled for release of the fire crackers.
-3-NC: 2023:KHC:40074 WP No. 24557 of 2023
4. Section 9(2)(B) of the Explosives Act, deals with the contravention of a notification issued under Section 6 of the Act.
5. Section 6 of the Explosives Act, deals with the power for Central Government to prohibit the manufacture, possession or importation of specially dangerous explosives.
6. Section 6B (2) of the Explosive Act deals with the grant of licences and it specifies that licensing authority shall grant a licence where it is required for the purpose of manufacture of explosives if the licensing authority is satisfied that the person by whom license is required.
7. Section 6B deals with the grant of licences, and in the licences issued to the petitioner it is prescribed that the petitioner shall not stack fire crackers in excess of the prescribed limit.
8. Petitioner's grievance is that the investigating officer has treated the quantity of the fire crackers seized as 2600 Kgs which includes packaging.
9. Whether the petitioner has contravened the provisions of Section 6, 6B is the matter of investigation, if the Fire Crackers are not released, the petitioner will be put to monitory loss. The petitioner has made out a prima facie case -4- NC: 2023:KHC:40074 WP No. 24557 of 2023 for release of fire crackers seized subject to imposing suitable conditions.
10. Accordingly, the petition is allowed.
11. The impugned order dated 30.10.2023 passed by the IV J.M.F.C., Mysuru in Crime No.90/2023 registered by the Krishnaraja Police Station, Mysuru, on the application filed under Section 451 and 457 of Cr.P.C. is hereby quashed. Consequently the application is allowed.
12. The petitioner is entitled for release of Fire Cracker boxes in P.F.No.109/2023, item Nos.1 to 12, subject to the condition that the petitioner deposits a sum of Rs.3,00,000/- before the Trial Court.
13. The amount in deposit is subject to result of the investigation.
14. Pending I.A's does not survive for consideration and stands disposed of.
Sd/-
JUDGE HR