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15. Mr.Uthaman, learned counsel appearing for the Central Government submitted that the Chinese crackers were also seized in Gaziabad in Uttar Pradesh, Chennai, Mumbai and Gautam Bhudda nagar and appropriate cases have been registered against the importers.

16. Heard the parties and perused the records. The Explosives Act enacted by Parliament and Explosives Rules 2008 are regulating the manufacture, import, export, transport and sale of explosives. Chief Controller of Explosives grants Explosives License. Section 6 of the Act prohibits the manufacture, possession, import of dangerous explosives without licence by issuance of a notification by the Central Government.

17. As per Rule 6, no person shall manufacture, import, export, transport, possess, sell or use any explosives unless it has been declared as an authorized explosive by an order of the Chief Controller of Explosives. As per Rule 10 (2), no person shall import or export explosives except in accordance with license and only through notified ports by the Central Government. As per Rule 10(4), no person shall deliver or despatch explosives without license. Hence if a person wants to import explosives from outside Indian territory, the Central Government must have authorized the said explosive items and the import is to be made in accordance with license conditions; no unauthorized explosives could be imported; the person who is holding the license to import Explosives should follow Rule 45 of Explosive Rules 2008 and the explosives cannot land in India without prior permission of the Chief Controller of Explosives and the Central Government. The Explosive Substances Act and the Rules have been framed only in the interest of the Country.

24. Although, the crackers were seized on 15.05.2014 till 23.05.2014, no information was given to the Deputy Chief Controller of Explosives, Virudhunagar and the seized goods were not sent to them. Only when the matter was continuously heard by this Court from 21.05.2014 onwards and was called on 24.05.2014, the Deputy Chief Controller of Explosives was informed about the seizure only in the morning on 24.05.2014. Even thereafter, the police did not show interest to send the seized crackers to the Deputy Chief Controller of Explosives till 25.05.2014. The above lapses are evident by the conduct of the police.

5. The State of Tamil Nadu, Rep. By its Secretary, Departement of Home Affairs, Secretariat, Chennai.

6. The State of Tamil Nadu, Rep. By its Director General of Police, Kamarajar Salai, Chennai - 4.

7. The Joint Chief Controller of Explosives, No.142, Ruckmani Lakshmipathi Road, Egmore, Chennai - 8.

8. The Deputy Chief Controller of Explosives, FRDC Complex, Near ESI Hospital, Sivakasi West, Virudhunagar District.

9. The District Collector, Virudhunagar District, Virudhunagar.