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Showing contexts for: explosive rules in M/S.Sri Amman Chemicals vs The Additional Secretary & Appellate ... on 12 November, 2019Matching Fragments
SENTHILKUMAR RAMAMOORTHY J., The Appellant had filed an appeal under Section 6 F of the Explosives Act, 1884 (the Explosives Act) read with Rule 121 of the Explosives Rules, 2008 (the Explosives Rules) against the order bearing No.P-5(AN) Ports/2014 (A1743) dated 19.08.2015 of the Chief Controller of Explosives, Nagpur, refusing to grant a P5 licence to the Appellant.
2. The said appeal was rejected by the appellate authority by order dated 02.11.2018, and the said order was challenged in W.P. No.11869 of 2019 wherein the Appellant had prayed for a Writ of Certiorarified http://www.judis.nic.in 2 of 25 Mandamus to quash the order dated 02.11.2018 and, consequently, direct the second Respondent to issue a P5 licence to the Appellant. The said writ petition was dismissed by order dated 12.11.2019, which is challenged in this intra-court appeal.
Relevant policies under Explosives Rules, 2008:
With respect to import & export of explosives under Explosives Rules, 2008, the following practices are being followed for more than 10 years, based on the policy decisions arrived at by PESO in the year 2005.
1) Export license under Explosives Rules, 2008 are not granted to the traders. License for export of explosives is granted only to the explosives manufacturers to export authorized explosives manufactured by them, with the exclusion in case of safety fuse.
Ammonium Nitrate Rules, 2012:
a) The Explosives Rules, 2008 and Ammonium Nitrate Rules, 2012 framed under Explosives Act 1884 are sharing equal importance in terms of National Security. The national internal and external security concern becomes more crucial, when Ammonium Nitrate is allowed for import by traders for domestic sale and for export by traders.
vi) PESO had not granted any licence in Form P-5 for import of Ammonium Nitrate to any trader ;
(vii) Import licences under the Explosives Rules, 2008 were granted to users only and not to traders. The Explosive Rules, 2008 and Ammonium Nitrate Rules, 2012 framed under the Explosives Act, 1984 are of equal importance in terms of national security . Therefore, PESO had decided not to grant licence to any trader for import of ammonium nitrate.