Sakuthala Vedachalam vs State Of Tamil Nadu on 31 July, 2019
Author: S.Manikumar
Bench
Explosives Rules, 2008:
With respect to import & export of explosives under Explosives
Rules, 2008, the following practices are being followed for more
than ... above, the same policy adopted for export &
import of explosives under Explosives Rules, 2008 is being
extended to the export & import of Ammonium
Rule 126 of
WP(C).No. 6642 of 2019
8
the Explosives Rules, 2008. A copy of the said revised
guidelines was made available ... shall apply to Chief Controller of
Explosives ( CCE), Petrolium and Explosives Safety
Organisation (PESO), Nagpur as per Rule 6 of the
Explosives Rules, 2008, accompanied
Thereafter, w.e.f 31.12.2008 the
Explosives Rules 2008 came into force by repealing old
rules .
8. Rule 2(19) provides display of fireworks ... license
2/Ujjain/24 in accordance with the Explosives Act and the
Explosives Rules 2008.
14. Accordingly, the petition is allowed. No order
favour of the writ
petitioner, based on which, the Explosive License under Explosive Rules of 2008 was
obtained, the consent of the Deputy Commissioner ... trade license from the GMC authorities and an Explosive License under the Explosive
Rules of 2008 but a separate license from the Deputy Commissioner
unmaking the explosive, or making fit for use any damaged explosive; and
(2) re-making, altering or repairing the explosive. Thus, the definition of the
word ... possession, usage and sale of explosives are strictly regulated under the
provisions of the Explosives Act and the relevant Rules framed thereunder.
11. Unfortunately
petitioner would
vehemently contend that as per Rule 118 of the Explosives Rules,
2008, an opportunity should be given to the shop owner, before
cancelling ... hearing need not be
given, as per Sub rule (2)(5) of Rule 118 of the Explosives Rules
2008.
12.In that view
Explosive
Rules, 2008, there are certain procedures to be observed for issuance of
notice and for grant of licence. Sub-rule 3 of Rule ... this order. Till such time, the Sub-rule 5 of Rule 112
of the Explosive Rules, 2008 will hold the field.
10. With the above
inviting the attention of this Court to Rule 103 of the
Explosives Rules, 2008 framed under the Explosives Act,
1884 , submitted that the procedure prescribed ... near streets or public places. Rule
103 of the Explosives Rules, 2008 which is relevant for
the purpose of controversy involved in the petition
personal hearing.
Therefore, it is violative of Rule 115(c) of Explosive Rules, 2008 and on
the sole ground, the petitioner sought to set aside ... Explosive Rules. However, this order will not
preclude third respondent to pass appropriate order, strictly adhering
to Rule 115(c) of the Explosive Rules