liable to fine;
(b) in the case of any special category explosive substance,
with rigorous imprisonment for life, or with rigorous
imprisonment for a term ... conviction supportable in law.
It must be recalled that the well established rule of criminal justice is
that "fouler the crime higher the proof
previous rules of 1983 by virtue of Rule no. 139.
At this juncture it is relevant to refer to Rule 9 of The Explosives Rule ... defined under Sub-rule 25 of Rule 2 of the 2008
rules which means low hazard explosive manufactured with a view to produce
coloured fire
arrived at such a conclusion are as follows:
Rule 10 of Explosives Rules, 1983 provides that weight of
explosives when referred to in these rules ... which the explosives are packed.
Proviso to Rule 10 of Explosives Rules, 1983 provides that
provided that in case of Explosives of the 6th (Ammunition
fire works. Then there are other Rules like rule 33 which
provides the restriction of transport of different explosive in the same carriage, rule ... rule 86 in part IV but the fire works have been excluded under rule 75 to 77. There
are other Rules like rule
Explosives Act, 1884 and Rule 113 of The Explosives Rules,
1983 and thus he committed an offence punishable U/s 9 B of The
Explosives ... rules made under section 5 or of the conditions of a licence
granted under the said rules-
(a) manufactures, imports or exports any explosive shall
Explosives Act, 1884 and Rule 113 of The Explosives Rules, 1983
and thus he committed an offence punishable U/s 9 B of The
Explosives ... Explosive
Act are as follows:
Section 286 IPC- Negligent conduct with respect to explosive substance -
Whoever does, with any explosive substance, any act so rashly
grams of fire crackers (explosives substance) at her grocery
shop without license and permit in contravention of Explosives
Rules, 2008.
15.Before coming ... prohibited under The Explosives Act, 1884 . Section
9B of the said Act prohibits possession of explosives in contraven-
tion of the rules made under section
fire crackers
(explosives substance) at Shop no. C21, Sidarth Nagar, New Delhi without
license and permit in contravention of Explosives Rules, 2008.
9. Before ... prohibited under The Explosives Act, 1884 .
10. Section 9B of the said Act prohibits possession of explosives in
contravention of the rules made under section
E12113) granted in the form of LE5 of
Explosives Rules 2008 and it is therefore prayed that
succession certificate may be granted ... explosives has
been proved as ExPW1/F.
Ld counsel for the petitioner has submitted that as
per Section 108 of the Explosives Rules
Explosives Act,
1884 read with Rule 113 of the Explosives Rules, 1983. The accused
pleaded not guilty.
2. The undisputed facts may be recorded first ... decided hereon.
I The defence pointed to rule 179 of The Explosive
Rules, 1983 which permits search and seizure of any place where
explosives
