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7. The present charge sheet came to be filed under section 286/506 IPC read with section 9(B) of Explosive Act 1884, Section 4/5 of Explosive Substances Act 1908 & Section 2 of Prevention of Insult to National Honor Act 1971 Act against accused Kishore Samrite.

Charge

8. Charge was framed against the accused under section 5 (a) of the Explosive Substances Act, 1908 and 9 B(1)(b) of the Explosives Act, 1884 as under:

That on 12.09.2022, you had sent a parcel through speed post from post office Lanji, Madhya Pradesh having threat letter dated 01.08.2022 alongwith material, which can be used as an explosive, the National Flag and the book of Constitution of India addressed to the Hon'ble speaker, Lok Sabha, New Delhi and the said parcel was received by the Rajya Sabha Secretariat, Parliament House, New Delhi on 16.09.2022 at about 5:00 p.m. and the said parcel remained in your control/possession till the time it was delivered and since in the threat letter dated 01.08.2022, you had threatened to blow off the Parliament House, New Delhi, in case demands narrated in the threat letter dated 01.08.2022 are not met by 30.09.2022 shows that parcel having the explosive material was not sent by you for any lawful object and thereby, you committed an offence under Section 5 (a) of the Explosive Substances Act, 1908, which is within my cognizance.

127. The articles of charge against the accused comprised two separate provisions related to explosives. The first article of charge is under section 5(a) of The Explosive Substances Act, 1908. The second article of charge pertains to section 9B(1)(b) of The Explosives Act, 1884. Both provisions incorporate definitions in relation to explosives. While the former act defines "explosive substance", the later statute defines "explosive". A finding from the court on the nature of the substance tested by the CFSL in the present investigation is therefore material to the allegations under the two articles of charge.

128. The relevant definitions are noted below.

The Explosive Substances Act, 1948

129. An "Explosive Substance" is defined under The Explosive Substances Act, 1948 as under:

2(a) the expression, "explosive substance" shall be deemed to include any materials for making any explosive substance; also any apparatus, machine, implement or material used, or intended to be used, or adapted for causing, or aiding in causing, any explosion in or with any explosive substance; also any part of any such apparatus, machine or implement;

142. The first article of charge under section 9B(1)(b), which seeks to penalise the possession, use, sale or transport of any explosive, remains not proved against the accused as the substance ascribed to his possession and dispatched by him has not been found to be an "explosive" within the meaning of section 4(d) of the Explosives Act.

Whether the suspicious substance in question was an "Explosive Substance"

143. The second exercise in the context of the articles of charge is to test the findings from the two forensic experts against the definition of "explosive substance" under section 2(a) of The Explosive Substances Act, 1908 which is relevant to the charge under section 5(a) of the said Act.