concerned with the cardboard boxes used
for storage of explosives. With reference to Explosive Rules 1940,
Explosive Rules 1983 and various other provisions ... carton in view of particular factual background
specifically with reference to Explosives Rules 1940 and 1983.
Therefore, in Card Board Products case (supra
Explosive
Substances Act, 1908 (in short the ' Explosive Act ') and Section 9-B of
Explosives Act, 1884 (in short ... read with Rule 115 of Explosives
Rules, 1983 (in short the 'Rules').
Prosecution case which led to the trial of the accused
Explosive Act, 1884 regulates manufacture, possession, use, sale, transport, import and export of explosives. Manufacture and transactions in firecrackers are governed by this statute. Rule ... Explosives Rules, 1983 prohibits manufacture of any explosive at any place, except in a factory or premises licensed under the Rules. On instruction, Mr. Shali
Explosive,
Baroda, clearly indicated that the substance recovered from the
appellants was explosive of Class 2 as prescribed in Schedule I to the
Explosives Rules ... short the 'Rules') as well as Explosive of
Class 6 as defined in the said Schedule. A licence is obligatory for
possession, transportation
that Section 3 of the Explosive Act had no
application. It was submitted that the possession of the explosives has
been established, the purpose ... ignored and ruled out. In
any event, according to him, they have been charged with Section 3 of the
Explosive Act and could be convicted
cause an enquiry on different aspects as per Rule 44 of the Petroleum Rules, 1976. As the District Administration is mainly responsible ... enquired into. In this context, we may refer to Rule 144 of the Rules which reads as follows :--
"144. No Objection Certificates --(1) Where
ruling out
presence of so-called eye witnesses is concerned it was pointed out that
the witnesses have clearly stated that after the explosion they ... shows that they reached the spot of occurrence
immediately after the explosion and, therefore, the fact that they did
not see the eye-witnesses cannot
scanty that it was not possible to
scrap and forensic examination was ruled out. He also stated that he had
not seen any sign ... factors weighed with the
High. Court. It noted that the stand of explosion at the spot has been
discarded by the Trial Court. Further more
read
with Rule 20 of the Border Security Force Rules, 1969 (in
short 'the Rules). The appeal filed by the delinquent
officer was allowed ... were apprehended.
According to the authorities huge quantity of arms,
ammunitions and explosives and household articles including
gold ornaments were recovered. The recovery of arms
Orissa & Ors vs Indian Explosives Ltd on 28 February, 2008
Equivalent citations: AIR 2008 SUPREME COURT ... Orissa & Ors. ...Appellants
Versus
Indian Explosives Ltd. ...Respondent
JUDGMENT
Dr. ARIJIT PASAYAT, J
1. Challenge in this appeal is to the judgment
