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26. It is stated on behalf of the Commissioner of Police in Delhi that the maximum quantity of fireworks permissible is 100 kg in terms of Division 2, sub-division 2 of Schedule I of the Explosives Rules in respect of the fireworks mentioned therein (high hazard fireworks) and 500 kg under Division 2, sub-division 1 of Schedule I of the Explosives Rules in respect of the fireworks mentioned therein (low hazard fireworks).

27. The mandatory conditions laid down in the Explosives Rules are followed subject to the orders passed by this Court in Sadar Bazar Fire Works (Pucca Shop) Association v. Pankaj Traders & Ors.3 The order passed in this case on 1st November, 1993 reads as follows :

“It appears that after this Court’s order of 22nd October, 1993, the authorities have issued a circular dated 26.10.93 imposing certain conditions in regard to which the petitioners have no objection, save and except Condition ii(a) which provides that the premises to be used for sale of crackers, etc. shall be at a minimum distance of 15 mtrs. from any such premises used for storage of similar explosives and hazardous materials. After some discussion at the Bar, Mr. Lahiri, the learned counsel for the respondents, states that appropriate instructions will be issued so that temporary licences are not denied on the ground that the cracker shops are adjacent to each other. We have also indicated to Mr. Lahiri that what was intended was that if there is any shop adjacent to the shops in respect of which licence is sought wherein any other highly inflammable and combustible material is being sold, that may be a factor which may weigh with the authority. In view of the statement made by Mr. Lahiri, we do not think it necessary to issue any direction. The proceedings will stand terminated with liberty to mention if there is any difficulty. The application for temporary licences should be processed without delay. The parties may be advised to complete the forms wherever there are deficiencies. With these observations, the Special Leave Petitions are disposed of.”

45. Chapter VII of the Rules relates to special provisions for possession, sale and use of explosives. Rule 75 therein provides for a permit to be issued for temporary possession of manufactured fireworks in excess of the licensed quantity and this provides that a permit for a period not exceeding thirty days may be granted by the licensing authority to a licensee for fireworks shop to possess one-third in excess of the licensed quantity on receipt of the appropriate fees.

(1) The directions issued by this Court in Sadar Bazar Fire Works (Pucca Shop) Association7 shall stand partially modified to the extent that they are not in conformity with the Explosives Rules which shall be implemented in full by the concerned authorities. Safety from fire hazards is one of our concerns in this regard.
(2) Specifically, Rule 15 relating to marking on explosives and packages and Rule 84 relating to temporary shops for possession and sale of fireworks during festivals of the Explosives Rules shall be strictly enforced. This should not be construed to mean that the other Rules need not be enforced – all Rules should be enforced. But if the fireworks do not conform to the requirements of Rules 15 and 84, they 7 st SLP (C) No. 17327-28/1993 decided on 1 November, 1993 cannot be sold in the NCR, including Delhi and this prohibition is absolute.