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village, while checking of licences for selling crackers, accused Rajeev was found selling cracker without licence in front of his house. When he was asked to show his licence, he replied that on account of lengthy process and unawareness of the procedure of obtaining licence, he did not obtain any licence and just kept the crackers in his shop to earn money on the occasion of Diwali. The quantity of crackers was found 40 Kg. Accordingly, present case was registered for offence under Section 9B Explosives Act.
2. After completion of investigation, the final report (charge sheet) for the offence under Section 9B Explosives Act was filed. Copy of the charge sheet was supplied to the accused as per Section 207 Cr.P.C.
3. On the basis of material on record, a notice was served against the accused for the said offence to which he pleaded not guilty and claimed trial. The matter was put to trial and the prosecution examined total four witnesses as under: PW1 HC Beer Sen PW2 HC Balledin PW3 Dharamvir PW4 ASI Om Pal Singh
7. During examinations of PW2 HC Balledin and PW4 ASI Om Pal Singh, the said case property was duly produced/proved and exhibited. The accused was also correctly identified.
8. In the statement recorded under Section 313 Cr.P.C, accused simply stated that he is innocent and was falsely implicated in this case but he did not examine any witness or himself in his defence.
9. In the light of evidence of PW2 HC Balledin and PW4 ASI Om Pal Singh, I hold that their testimonies are trustworthy and reliable. Even accused did not raise any dispute on the point of ownership/belongingness of place where he was selling the crackers. He also did not take any plea nor produce any valid licence for selling explosive substance. Accordingly, I hold that the prosecution succeeded in proving offence under Section 9B of Explosives Act, 1884. Accordingly, accused is convicted for the said offence.