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1. The present accused is produced before the court to stand trial for the offences punishable u/s 286 The Indian Penal Code (hereinafter IPC) & Section 9B The Explosives Act,1884.

FIR No.311/2018 State Vs Trilochan PS­ H.N.Din page no.1/12

2. It is the case of the prosecution that on 06.11.2018 at about 5.00PM at H.No.30, Masjid Lane, Bhogal, New Delhi within the jurisdiction of PS H.N.Din, accused was apprehended with the explosive material without having valid license and which was in contravention of rules made by the Govt. U/s 5 Explosive Act and while being in possession of the aforesaid explosive material, accused was rash and negligent towards the same and failed to guard against any probable danger thereby endangering human life and thereby committed an offence punishable u/s 9B The Explosives Act,1884 and Section 286 IPC.

3. The accused appeared before the court and copy of charge sheet was supplied to him as per section 207 Cr.PC. Accused was charged u/s 9B Explosive Act and Section 286 IPC on 21.12.2019 to which accused pleaded not guilty and claimed trial.

4. In order to substantiate its case, the prosecution has examined the following witnesses:

• PW­1 Ct. Jagveer Singh has deposed that on 06.11.2018 he along with ASI Rohitash was on patrolling duty. Secret informer informed him that in Masjid lane at H.No.30 fire crackers were being sold. That ASI Rohitash sent him to the shop to purchase the crackers as a dummy buyer. He was given a Rs.500/­ note after noting its serial number i.e. 792164. He gave the said note to the accused and he handed over him crackers in return. That Ct. Trilok who was standing at a distance signaled the raiding team as soon as he purchased the crackers. That when the team arrived, they apprehended the accused along with crackers. The Rs.500/­ note bearing serial number i.e.792164 was also recovered from the pocket of the accused. That upon searching the shop, crackers of around 3­3.5Kg were recovered. Accused was FIR No.311/2018 State Vs Trilochan PS­ H.N.Din page no.2/12 arrested by the IO vide arrest memo Ex­PW1/A and personal search of the accused was conducted vide personal search memo Ex­PW1/B. The crackers were seized vide seizure memo Ex­PW1/C. That Rs.500/­ note bearing no.792164 was seized vide seizure memo Ex­PW1/D. • PW­2 Sanjay Kumar has deposed that on 06.11.2018, when he was on patrolling duty with ASI Rohitash, IO prepared a raiding team. Thereafter, they reached at Masjid Lane, house no.13 there the accused was selling fire crackers without any permit. IO seized the crackers vide seizure memo already Ex­PW1/C. IO prepared the tehrir and sent him to the PS for registration of FIR. He returned back to the spot along with the copy of FIR and tehrir and handed over the same to the IO.

11. Therefore, one of the most common ingredients to be proved by the prosecution for the offence under Section 283 IPC against the accused is the obstruction of the public way by the accused which was caused under the authority or directions of the accused and by doing so the accused had actually obstructed the road/caused danger or injury to any person using that road.

12. Section 9B of The Explosives Act provides as under:

9B Punishment for certain offences. -- 1) Whoever, in contravention of rules made under section 5 or of the conditions of a licence granted under the said rules--

FIR No.311/2018 State Vs Trilochan PS­ H.N.Din page no.11/12

26. Thus, in view of the foregoing analysis, this Court is of the considered opinion that the benefit of doubt ought to be granted to the accused, who is entitled to be exonerated of the charges against her in the present case. The accused is hereby acquitted of the offence punishable under u/s 286 The Indian Penal Code (hereinafter IPC) & Section 9B The Explosives Act,1884.

27. Let the copy of this judgment be provided to accused free of cost and a copy be placed on the district court website.