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1. It is the case of the prosecution that on 06.11.2020 HC Ajay Kumar along with HC Raj Kumar were on patrolling duty at beat No 8 and HC Raj Kumar was informed by a secret informaer that there are fire crackers in Shop No E-14, Gali No 7, Raja Puri Road. On reaching the given address they met the accused and after inspecting the shop, fire crackers were found and on being asked about the license regarding the sale of fire cracker the accused failed to produce any license. Thereafter, an FIR bearing no. 832/2020 u/s 9B of Explosive Act 1984 was registered at PS Dabri. Investigation of the case was handed over to Investigating Officer HC Raj Kumar who also filed the chargesheet.

FIR No.: 0832/2020 State versus Rakesh Bansal Page no. 1/13

2. On completion of investigation, a chargesheet u/s 9B of Explosive Act 1884 was filed against the present accused, i.e., Rakesh Bansal. After taking cognizance of the offence, the accused was summoned to face trial.

3. On his appearance, a copy of chargesheet along with documents were supplied to the accused in terms of Section 207 of the Code of Criminal Procedure (hereinafter referred to as 'CrPC'). On finding prima facie case against the accused, a charge under section 9B of Explosive Act 1884 was framed against him, to which he had pleaded not guilty and claimed trial. Inadvertently Section 188 IPC was mentioned along with Section 9B of Explosives Act 1884 wherein the present matter only deals with 9B of Explosive Act 1884.

11. In order to establish charge under Section 9B of the Explosives Act, prosecution was duty bound to establish that fire crackers were recovered from the possession of accused and he was holding those fire crackers either without obtaining the prescribed license from the competent authority under the Act or in contravention of the rules made under Section 5 of the Act or in violation of the conditions on which the license was granted under the rules. The prosecution has failed to establish the same for the reasons states below. I. Non-joining of Public Witnesses