IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21924 of 2009 MD.AFTAB Versus STATE OF BIHAR ----------- 2. 12.8.2009 Heard Shri Kanhaiya Prasad Singh, learned Senior counsel appearing for the petitioner who has not left any stone unturned to convince that the seized articles could not cover ‘explosive’ or ‘explosive substance’. Learned counsel has drawn the attention of the court to the supplementary affidavit filed today. It contains as its annexuress two letters- Annexures 9 and 9/1 which are under the signature of the Chief Controller of Explosives and Deputy Chief Controller of Explosives, respectively, posted at two different destinations which could go to indicate that Ammonium Nitrate is not an explosive under Explosives Rules 1983 and hence no licence is required for its storage, transportation and sale. I have gone through the Rules, specially Schedule I part thereof which has classified different explosives and has 2 further explained as to what could be those classes of explosives and in my considered view the substance Ammonium Nitrate remains an explosive and, as such, required the need of the legislature to prescribe such precautionary measures as to how to pack it during the transportation. Keeping that in mind, I am not inclined at this stage to direct the release of the petitioner on bail. However, if the trial is not concluded for any reasons by 17.12.2009, the petitioner shall be released on bail in Sessions Case No.291 of 2009, arising out of Sheikhpura P.S.Case No.177 of 2007 on his furnishing a bond to the satisfaction of the Fast Track Court V, Sheikhpura, or the Sessions Judge, Sheikhpura, before whom the case could be pending. This petition is accordingly dismissed with the above direction. Kanth ( Dharnidhar Jha, J.)