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21. The learned counsel would further submit that the Government machinery, has claimed that, it is an unlicensed premises where crackers shop business went on. Therefore, the State machinery is not responsible for the said accident and with the result, they were also not responsible to compensate to these victims and its families. In this regard, the learned counsel for the petitioner would submit that there are number of provisions available in The Explosives Act, 1884 (in short, 'Explosives Act). According to the learned counsel, the following provisions of the Explosives Act, 1884 are relevant. Section 4 -D, 5, 6-B, 6-C, 8, 9, 9-B and 17-A. By relying upon these provisions, the learned counsel would submit that under the Rule making power, Explosives Rules, 2008 has been framed, where exhaustive provisions have been given as to how license has to be given, and what are all the quantities and which type of explosives are to be categorised, for issuance of different types of licenses.

22. According to the learned counsel for the petitioners, Part I, Schedule IV under Rule 99 of the Explosives Rules, 2008 speaks about the type of licenses and licensing authorities. According to the learned counsel, clause 5 (a) and (b) of the Schedule IV speaks about the license to possess and sell from a shop, at any one time, not exceeding 25 kilogrammes of small-arms of nitro-compound as well as license to possess and sell from a shop, at any one time, not exceeding 100 kilogrammes of manufactured fireworks of Class 7, Division 2, sub-division 2; and 500 kilogrammes of chinese crackers or sparklers. This is the common license to be given to retail crackers shop owners and these licenses are called LE5 licenses, which means, the license will be in the form of LE-5. According to the schedule, the District Magistrate is the license issuing authority. Since the District Collector is the District Magistrate, he is the responsible person to give license to crackers shop, who wants to sell crackers of minimum quantity.

43.(i) Under the Explosives Act, the term explosive has been defined under Section 4 (d). Though a number of items such as Gun Powder, Nitroglycerin, etc., have been included under the term explosive, the word, 'Fire Works' is also included, within the meaning of explosive under Section 4 (d) of the Act. Under Section 5 of the Act rule has been framed called The Explosives Rules and in superstition of erstwhile Explosives Rules 1983, new Explosive Rules called the Explosives Rules 2008 (hereinafter referred to as Explosives Rules / Rules) have been framed.

64. As referred to above, under Rule 88 of the Explosive Rules, it is a prohibition that no sale of fireworks would be permitted from any premises without a valid license under the Rules.

65. If the 3rd respondent run the business by busily selling the crackers, both by way of retail sale as well as bulk sale and this had happened even in the previous year, i.e., in the year 2008, as large number of people would have come for buying the crackers, certainly, the premises was one of the known location for selling of fire crackers and therefore, the Government machinery cannot take a shelter that the 3rd respondent had run the business of crackers without license and therefore, they can lay off the hand from the issue.