Indian Kanoon - Search engine for Indian Law

3. Shri Sahoo, learned counsel appearing for the petitioner referring to different provisions of the Arms Act as well as the Indian Explosives Act, submitted that even accepting that the material stated above had been seized from the house of the petitioner, no offence either under Indian Explosives Act or under Arms Act has been made out and accordingly, the petitioner should have been discharged. According to Shri Sahoo Section - 9(B) of the Indian Explosives Act provides that whoever in contravention of rules made under Section 5 or of the conditions of a licence granted under the said rules possesses any explosive shall be punishable. Explosive has been defined in Sub-section (d) of Section 4. On examination of the articles seized, none of the articles prescribed in a definition of explosive having been found no offence is committed.

5. In the light of the argument advanced by Shri Sahoo, it is now required to examine the provisions of law. So far as the offence under the Indian Explosives Act is concerned, it is alleged that the petitioner committed the offence under Section 9-B of the Act. Section 9(b) of the Indian Explosives Act, 1884 prescribes that whoever in contravention of rules made under Section 5 or of the conditions of a licence granted under the said rules, possesses, uses, sells or transports any explosive shall be punishable. The word "explosive" has been defined in Sub-section (d) of Section 4 of the Act, which runs as follows :