IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.219 of 2009 MD.WAHID ALAM Versus THE STATE OF BIHAR With CR. REV. No.226 of 2009 MD.SWAOOD ALAM Versus THE STATE OF BIHAR 2 20.3.2009 Both these revision applications are taken up together for hearing. Cr.Revision No. 219 of 2009 is directed against the order dated 22.1.2009 passed by Shri Ravi Ranjan, Judicial Magistrate Ist Class, Nawadah in Muffasil P.S. Case No.80 of 2008 whereby he dismissed the application of the petitioner for release of his TATA Pickup Van bearing registration no.BR-53/6776 seized by the Officer- Incharge. Cr.Revision No.226 of 2009 is directed against the order dated 24.1.2009 passed by Shri Ravi Ranjan, Judicial Magistrate Ist Class, Nawadah in Muffasil P.S. Case No.80 of 2008 whereby he dismissed the application of the petitioner for release of Ammonium Nitrate seized by the Officer-Incharge. Learned counsel for the petitioner submits that it would appear from the prosecution case that the aforesaid vehicle was seized while carrying Ammonium Nitrate. The authorities seized the vehicle believing that Ammonium Nitrate is an explosive substance. He further referred to a communication dated 5.9.2005 of Ministry of Commerce and Industry Petroleum and Explosives Safety Organisation, Annexure-3, to show that Ammonium Nitrate by itself - 2 - is not an explosive and does not come under the purview of the Acts and Rules administered by the department. The communication further stated that no license for approval under the said Rules is required to be obtained for its import, manufacture, storage, transportation, sale etc. from the department. Learned counsel submits that even if the Ammonium Nitrate is not an explosive substance, he has a valid licence for carrying explosive from the Ministry of Commerce and Industry, Petroleum and Explosives Safety Organization, Annexure-6. He further submits that the police has duly verified the papers of his vehicle and found the ownership of the vehicle validly stands in the name of the petitioner. Learned State counsel opposes the release of the vehicle as well as Ammonium Nitrate. It appears from the impugned order that the learned Magistrate refused the prayer of the petitioner for release of the vehicle on the ground that the report of FSL is still awaiting. In view of the fact that Ammonium Nitrate is not an explosive and no license is required for its import, manufacture, storage, transportation, sale etc. and the police has duly verified the papers of the vehicle and found the ownership of the vehicle validly stands in the name of the petitioner, the impugned orders dated 22.1.2009 and 24.1.2009 passed by the Judicial Magistrate Ist Class, Nawadah in Muffasil P.S. Case No.80 of 2008 are set aside. This court observes that if the petitioners file an application before the - 3 - KHAN Judicial Magistrate Ist Class, Nawadah for release of the vehicle in question as well as the seized Ammonium Nitrate, the learned Magistrate would release the vehicle bearing registration no. BR- 53/6776 and seized Ammonium Nitrate which were seized in connection with Muffasil P.S. Case No.80 of 2008, after being satisfied about the ownership of the vehicle and Ammonium Nitrate on furnishing adequate security to his satisfaction. It is made clear that the release of the vehicle in question will be subject to the result of the confiscation case and/or the criminal proceedings. It is further made clear that before release of the Ammonium Nitrate, a sample of the same be retained by the court by way of precaution if at all it would be required in subsequent proceeding before the court. With the aforesaid observations and directions, these writ petitions stands disposed of. Let this order be communicated to Shri Ravi Ranjan, Judicial Magistrate, Ist Class, Nawadah through fax at the cost of the petitioners. (S.P.Singh,J)