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Showing contexts for: fire crackers in Sri. Santosh. K. S vs The State Of Karnataka on 7 November, 2023Matching Fragments
Heard Mr. D.R. Ravishankar, learned senior counsel for the petitioner's counsel and the learned HCGP for the respondent- State.
2. The petitioner who has been issued licence for stacking the fire crackers under the Explosives Act is sought to be prosecuted for the offences punishable under Section 286 r/w Section 34 of the IPC, and Section 9 (2) (B) of the Explosives Act, 1884, alleging that the petitioner had stacked fire crackers in excess of the permitted limit.
3. The petitioner filed an application under Sections 451 and 457 of Cr.P.C. for release of the fire crackers seized. The Investigating Officer submitted a report with the learned Magistrate stating that he has no objections for releasing the fire crackers seized. The learned Magistrate rejected the application on the ground that the investigation is still under progress and at this stage, the petitioner is not entitled for release of the fire crackers.
-3-7. Section 6B deals with the grant of licences, and in the licences issued to the petitioner it is prescribed that the petitioner shall not stack fire crackers in excess of the prescribed limit.
8. Petitioner's grievance is that the investigating officer has treated the quantity of the fire crackers seized as 2600 Kgs which includes packaging.
9. Whether the petitioner has contravened the provisions of Section 6, 6B is the matter of investigation, if the Fire Crackers are not released, the petitioner will be put to monitory loss. The petitioner has made out a prima facie case NC: 2023:KHC:40074 for release of fire crackers seized subject to imposing suitable conditions.
10. Accordingly, the petition is allowed.
11. The impugned order dated 30.10.2023 passed by the IV J.M.F.C., Mysuru in Crime No.90/2023 registered by the Krishnaraja Police Station, Mysuru, on the application filed under Section 451 and 457 of Cr.P.C. is hereby quashed. Consequently the application is allowed.
12. The petitioner is entitled for release of Fire Cracker boxes in P.F.No.109/2023, item Nos.1 to 12, subject to the condition that the petitioner deposits a sum of Rs.3,00,000/- before the Trial Court.