1 Criminal Application No.967/2011 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.967 OF 2011 Ramlal s/o Diparam Gujar & ors. ... APPLICANTS VERSUS The State of Maharashtra ... RESPONDENT ..... Shri R.S. Deshmukh, Advocate for the applicants Shri K.S. Patil, A.P.P. for the respondent ..... CORAM : K.U. CHANDIWAL, J. DATE : 22nd March, 2011 PER COURT : 1. Heard. The accused/ applicants, in custody from 15.2.2011, in Crime No.17/2011, registered at Omerga Police Station, for an offence under Section 4(B) and 5 of the Explosive & Substances Act, 1908, seeks release on bail. 2. My attention is invited to seizure panchanama. Both the counsel do not dispute about seizure of the goods. The nature of the goods seized are ammonium nitrate, supplied by Dipak Fertilisers & Petrochemicals under a valid receipt. My attention is invited by Mr. Deshmukh to letter dated 5.9.2005 and 7.12.2006, issued by the Deputy Chief Controller of Explosives, Maharashtra 2 Criminal Application No.967/2011 State and also Ministry of Commerce and Industries through Deputy Chief Controller of Explosives, Bhopal respectively informing that ammonium nitrate by itself is not an explosive and does not come under the purview of Explosive Rules, 1983 and no licence or approval under the said Rules is required to be obtained for its import, manufacture, storage, transportation, sale etc. from the Government Department. The accused/ applicants have a licence issued and valid up to 2.8.2015 issued by the Joint Chief Controller of Explosives, West Circle, Mumbai. The learned A.P.P. is unable to controvert issuance of such certificate or its validity. The place where the goods were attached had a permission to do so pursuant to the delivery challan-cum-explosive use receipt dated 14.2.2011 vide licence No.I-WC/MH/30/4508. Taking these aspects into consideration, prima facie it appears that no case on above referred provisions is made out against the accused/ applicants. The accused/ applicants were carrying the activities under a valid licence and the goods were not explosives. Further custody not warranted. Hence order : O R D E R 4. The accused/ applicants be released on furnishing P.R. bond and a surety in the sum of Rs.5000/- each. After release, the 3 Criminal Application No.967/2011 accused/ applicants shall not leave Omerga, Taluka Omerga, District Osmanabad till conclusion of trial. The accused/ applicants shall desist from influencing directly or indirectly, witnesses by making any inducement, threat or promise. K.U. CHANDIWAL JUDGE fmp/cri967.11