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The petitioners who had a valid licence under the Explosive Act, 1884 and Explosives Rules, 2008 are before this Court under Section 482 of Cr.P.C assailing the FIR registered against them for offences punishable under Sections 285 and 336 of IPC and Section 9B of Explosive Act, 1884 read with Rules 74, 83, 127 of the Explosive Rules, 2008 pending on the file of III Additional Civil Judge and JMFC, Kalaburagi.

2. Heard the learned counsel for the petitioners and learned High Court Government Pleader for respondent/State.

7. Rule 74 of the Explosives Rules, 2008 provides for storage of explosives in excess of the licensed quantity. Rule 74(2) of the Explosives Rules, 2008 provides licensing authority may issue a permit for a period not exceeding fifteen days to licenses for storage of explosives in excess of licensed quantity when such authority is satisfied that such excess storage is essential and

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NC: 2024:KHC-K:3547 unavoidable due to circumstances beyond control of the licensee. Therefore, it is very clear that even if excess storage is made, on an application filed, the licensing authority can permit excess storage for a limited period. Rule 128 of the Rule provides for power for storage and seizure. The said rule reads as under:

8. In the present case, the Sub Inspector has conducted a raid and has seized the fire works on the ground that excess quantity of fire work was stored in premises which was situated in a densely populated area. The allegation is also made that requisite quantity of sand, water and fire extinguishers were not found in the licensed premises. From a reading of Rule 128 of the Explosives Rules, 2008 it is very clear that in the event, the Sub Inspector of police has inspected the licensed premises, the officer was required to report the fact as provided under Rule 128(2) of the Explosives Rules, 2008 to the District authority concerned. A perusal of the material on

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NC: 2024:KHC-K:3547 Station, for the offences punishable under Sections 285, 336 of IPC and Section 9B of Explosives Act, 1884 R/w Rule 74, 83, 127 of Explosives Rules, 2008 is quashed.

In Crl.P.No.200309/2024, the entire proceedings in Crime No.194/2023 registered by Kalaburagi Chowk Police Station, for the offences punishable under Sections 285, 336 of IPC and Section 9B of Explosives Act, 1884 R/w Rule 74, 83, 127 of Explosives Rules, 2008 is quashed.