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14.In the present matter, charge was framed against the accused u/s 9B(1)(b) Explosive Act 1884 read with Section 286 IPC. It is alleged by the prosecution that the accused was found in possession of 8 kg 100 grams of fire crackers (explosives substance) at her grocery shop without license and permit in contravention of Explosives Rules, 2008.
15.Before coming to the evidence led in the present matter, it is essen-
tial to test that whether the possession of alleged fireworks by the ac- cused is actually prohibited under The Explosives Act, 1884. Section 9B of the said Act prohibits possession of explosives in contraven- tion of the rules made under section 5 of the Act or in contravention of the conditions under which the license was granted. Rule 7 of The Explosives Rule, 2008 prohibits manufacture, import, export, trans- port, possess for sale or use an explosive except as authorized or li- censed. Further, Rule 9 of the said Explosives Rule, 2008 provides that no license shall be necessary in case where possession of fire works does not exceed 100 Kg for own use and which is not for sale. The relevant portion of the same is reproduced as under: