IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 26TH MAY 2011 / 5TH JYAISHTA 1933 Crl.MC.No. 4384 of 2010() ------------------------- MP.2911/2010 of JUDL.FIRST CLASS MAGISTRATE COURT, PERUMBAVOOR .................... (CR.NO.58/2010 OF AYYAMPUZHA POLICE STATION) PETITIONER(S): PETITIONER: -------------------------------------------- JOSEPH, S/O.JACOB, PLANACHEYIL HOUSE, KUTTOOR VILLAGE, THIRUVALLA TALUK. BY ADVS. SRI.N.JAMES KOSHY, SRI.T.SANJAY. RESPONDENT(S): COMPLAINANT: -------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR SRI. MANU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26/05/2011 ALONG WITH CRMC NO. 4388 OF 2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. Nos.4384 & 4388 of 2010 -------------------------------------- Dated this the 26th day of May, 2011. ORDER These Criminal Miscellaneous Cases arise from separate orders passed by the learned Judicial First Class Magistrate, Perumbavoor in Crime No.58 of of 2010 of Ayyampuzha Police Station. 2000 detonators were seized from the premises of petitioner alleging that the same were being stored in violation of the licence issued to petitioner and the relevant provisions of the Explosives Act and the Rules. As per Annexure-VII, order dated 12.08.2010 learned Magistrate directed that those 2000 detonators be defused and produce certificate in that regard. By Annexure-VIII, order dated 09.09.2010 request of petitioners for release of those detonators under Section 457 of the Code of Criminal Procedure (for short, “the Code”) was rejected by the learned Magistrate. Annexures-VII and VIII, orders referred to above are under challenge in Crl.M.C.Nos.4388 of 2010 and 4384 of 2010, respectively. Learned counsel for petitioners contends that petitioners are the managing director and manager of a company which is permitted to operate a metal crusher unit and as per the licence granted to the company it is entitled to store 2500 detonators at any one time. Learned counsel contended that it happened that the consignment was brought to the premises of company a day before it was directed to deliver and that resulted in an excess of 124 detonators (as against 2500 detonators which Crl.MC No.4384 & 4388/2010 2 according to the learned counsel, petitioners are entitled to possess at any one time). It is contended that the company had purchased 2000 detonators on 11.08.2010 and the licensed seller unloaded the same in the store room of the company. It is while so, the Circle Inspector of Police, Kalady inspected the premises and effected seizure finding that there are 2624 detonators. It is also submitted that defusing of detonators is of no use and that would cause loss to petitioners. Learned counsel submitted that petitioners are prepared to deposit in court `.20,273/- being value of 2000 detonators to be disbursed subject to the result of the case. It is also submitted by the learned counsel that petitioners are prepared to abide any condition regarding use of detonators. Learned Public Prosecutor submitted that even as per the licence (Annexure-II) the licenced premises must consists of two portable magzines B and S type for storing the detonators. 2. Having heard learned counsel for petitioners and the learned Public prosecutor I do not think that it is necessary to defuse the detonators or, refuse interim custody of the same to the petitioners to the extent petitioners are entitled to possess. It is not disputed that petitioners are running a metal crusher unit with necessary permit or licence as the law requires. As per licence petitioners can store 2500 detonators at any one time. In these circumstances I am inclined to allow the prayer subject to appropriate conditions so as to allay the apprehension of the State as well. Crl.MC No.4384 & 4388/2010 3 Resultantly these Criminal Miscellaneous Cases are allowed. Annexures- VII and VIII, orders are set aside. M.P.No.2911 of 2010 of the court of learned Judicial First Class Magistrate, Perumbavoor in Crime No.58 of 2010 of Ayyampuzha Police Station is allowed. The detonators shall be released to petitioners subject to the following conditions: i. 2000 detonators which will be released to the petitioners shall be stored and used only in accordance with the provisions of the relevant Act and Rules and the terms and conditions of the licence issued to the petitioners. ii. Petitioners shall deposit `.20,273/- (Rupees Twenty thousand two hundred and seventythree only) in a nationalized bank in fixed deposit in the name of learned Judicial First Class Magistrate, Perumbavoor initially for a period of two years (renewable by the order of learned Magistrate if learned Magistrate thought it fit) and produce the fixed deposit receipt before learned Magistrate. The disbursement of the amount shall be subject to the result of the case. iii. Petitioners shall not dispute the fact of seizure or identity of the 2000 detonators which are released to them as per this order. Crl.MC No.4384 & 4388/2010 4 iv. Petitioners shall execute a bond in favour of learned Judicial First Class Magistrate, Perumbavoor for a sum of `.25,000/- (Rupees Twentyfive thousand only) with two sureties for the like sum each undertaking to comply with the directions regarding storing and use of detonators. THOMAS P.JOSEPH, Judge. cks