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3. It is contended by the petitioner that on 14.05.2014, the Assistant District Magistrate (Tahsildar) Sivakasi inspected a sales Depot belonging to one Mr.Ganesh Babu, son of Soundara pandian, Periyandavar Colony, Sivakasi and found that he was possessing and selling the prohibited Chinese fireworks, which were said to have been purchased from a owner of fireworks, Sivakasi and the said fireworks were seized. However, the complaint was lodged only on 17.05.2014 and FIR was registered on the same date. Though police authorities were present there, they did not take any step as per Explosives Rules; The higher authorities, regarding the inspection and seizure of the Chinies crackers, should have been informed by the Assistant Magistrate (Tahsildar) and take necessary steps to lodge a complaint with the police; The Deputy Chief Controller of Explosives also did not take any action regarding the availability of Chinese crackers by having further search; Though the officials inspected the place on 14.05.2014, the case was registered only on 17.05.2014 belatedly. Complaining inaction on the part of the respondents-authorities regarding seizure of Chinese crackers and non- compliance of the Explosive Rules, the petitioner has approached this Court, seeking a direction to enforce the circular and hand over the investigation to CBI.

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.

33. The Official respondents stated that the import of fireworks falling under Tariff item No.36.04 of the Customs Tariff is restricted. The Director General of Foreign Trade, Ministry of Commerce, Government of India, New Delhi, till date has not issued any licence for the import of such firecracker into India. It is the contention of the 15th respondent that about 500 containers of Chinese crackers entered India. Therefore, the respondents are directed forthwith conduct raids throughout India and seize under Rule 128 all the Chinese crackers wherever they are found and destroy them as per Rule 129 of the Explosive Rules. The Central Government by notification vide G.S.R.No.64 (E) dated 27.01.1992 prohibited the manufacture, possession and importation of any Explosives containing Sulphur or Sulphurate in admixture with Chlorate, Perchlorate of Potassium or and other Chlorate, which are friction sensitive can ignite and explode spontaneously with combustible materials. Hence they are not acceptable under Indian noise level standards as per the notification No.GSR 682(E) dated. 05.10.1999. It is reported in the Chinese newspaper itself that half of all Chinese fire works do not meet basic quality standards and 36.7 percent Fire works failed the inspection due to too short or too long blasting fuses which could potentially explode and cause injury to the persons. It was found that banned inflammable or explosive chemicals are used in making the fire works. It is also reported in ?The Guardian? dated 01.02.2013 that a truck carrying Chinese fire works got exploded destroying an express bridge in Central China killing many people.

(n)The Executive Magistrate and Police Officials shall carryout inspection as per Rule 128(4) of the Explosive Rules periodically.

38. At the same time, this Court takes judicial note of various fire accidents occurring in Sivakasi during manufacture of fire crackers resulting in death of many person and damage of property continuously. It is reported for the past ten years about 300 persons died. Therefore, the concerned authorities especially respondents 8 to 10 should strictly oversee as to whether safety procedures to be adopted in the Industry are followed by the Companies by periodical inspection to avoid any fire accident. In the manufacture, the workers have to deal with Chemicals and they are continuously exposed to the Chemicals which may cause many deceases including skin and respiratory diseases. Hence, the respondents 5, 8, 9 and 10 are directed to give appropriate directions to the 15th respondents Association to follow the Rules strictly. Consequently, the 15th respondent is also directed to follow the Rules. This direction is issued to do complete justice taking into consideration of the condition of the Fire Works Industry and the problems of the workers in toto.