Maharastra).
4. The Chief Controller of Explosives, Petroleum and Explosives
Safety Organisation (Formerly Department of Explosives), A-Block,
Fifth Floor, CGO Complex, Seminary Hills, Nagpur ... Maharastra).
5. The Deputy Chief Controller of Explosives, Petroleum and
Explosives Safety Organisation (Formerly Department of
Explosives), Amrapali Circle, Vaishali Nagar Jaipur
----Respondents
_____________________________________________________
For Petitioner
Explosives Act, 1884 [for short
Explosives Act ] and under sections 3 and 5 of the Explosive
Substances Act, 1908 [for short ' Explosive Substances ... accused for the offences under Rule 5 of the Rules
read with section 9-B of Explosive Act and also under
before the District Magistrate, Korba under the provisions of The
Explosive Rules, 2008. After making requisite verification and enquiry,
NOC was issued in favour ... same or authority
superior to it and sub-rule (3) of Rule 11 of the Explosives Rules, 2008
clearly provides that the remedy against
Rule 5 of Rule 118 carves certain exceptions to the proviso appended to Sub Rule 1 of Rule 118. According to Sub Rule ... absolutely missing. It is also noticeable that neither The Explosive Act nor the Explosive Rules nor any other law contemplates or mentions of any Committee
rules made thereunder. The second respondent
accorded No Objection Certificate as required under Rule 103 of the
Explosives Rules, 2008 through his proceedings, dated ... business of manufacture,
sale and export of explosives for industrial purposes. Chapter VIII of the
Explosives Rule, 2008 deals with grant or refusal of approval
Rule 118 of the Explosives
Rules, 2008 and the Rule 118(b) says every licence granted under these rule
shall stand cancelled, if the licensee ... second respondent cancelling the
explosives licence of the petitioner is in violation of the Explosives Rules,
2008. Hence, the petitioner is before this Court
whether the police have complied with Rule 179(3) of the Explosives Rules as
ordered by this Court on 21.12.2020, the matter is posted ... Explosives Rules would suffice. Therefore, the respondent/police
officials are hereby directed to follow the procedure contemplated under Rule 179
of the Explosives Rules relating
pending
against the licensee. Pointing out Rule 118(2)
of the Explosives Rules, Smt.Sanjana R. Nair,
the learned counsel for the petitioner argued
that ... conditions under rule 83(7) of
Explosive Rules and the rejection was under Rule
127 of Explosives Rules 2008, considering the
safety and security
petitioner for obtaining an NOC under
provisions of the Explosives Rules. Accordingly, Ext.P1 NOC was
issued to him. Based on that ... issued a licence in
Form-22 of the Explosives Rules.
3. It is stated that thereafter respondents 3 and 4 filed
complaints against the issuance
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
