Indian Kanoon - Search engine for Indian Law

1. The case of the prosecution is as follows: On 08.10.2000 at about 07:35 PM at Shop No.4, Gali No.16, Shiv Nagar, Delhi the accused was found selling crackers by Ct. Hukminder and SI Ramphal without any permit or license as required by section 5 of the Explosives Act, 1884. It is on these allegations that the accused has been sent up to face trial for the offence under section 9B of the Explosives Act.

2. After the usual investigation, chargesheet was filed against the accused on 21.03.2001. Copies were supplied to the accused. And subsequent to the compliance with the provision of Section 207 of CrPC, notice for the offences punishable under Section 9B Explosives Act was served upon the accused on 01.03.2002 to which he pleaded not guilty and claimed trial.

6. From the testimonies of the prosecution witnesses particularly PW3 Ct. Hukminder and PW4 Inspector Ramphal it stands proved beyond reasonable doubt that the accused was selling fire cracker without any license or permit in contravention of section 5 of the Explosives Act 1884 which is punishable under section 9B of the Explosives Act. During the course of trial also the accused could not produce any license or any permit.

7. In view of the foregoing discussion, the accused is convicted of the offences under section 9B Explosives Act. Let he be heard on the point of sentence.