IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.57088 of 2007 MD.AFTAW Versus THE STATE OF BIHAR ----------- For the Petitioner : Mr. N.K.Agrawal, Sr.Advocate Mr.D.N.Tiwari, Advocate For the State : Mr.Syed Ashfaque Ahmad, A.P.P. 3 11.2.2010 In the instant case the petitioner prays for quashing the order dated 5.11.2007 passed by the Additional Sessions Judge, F.T.C.Vth, Sheikhpura in Criminal Revision No.205/2007 whereby he affirmed the order dated 10.9.2007 passed by the A.C.J.M. Sheikhpura rejecting the release of 165 bags of seized Ammonium Nitrate in Sheikhpura P.S. Case No.177 of 2007. It is alleged that on 18.6.2007 the S.D.O. Sheikhpura had sealed three shops near police line (Bazidpur) and seized 165 bags of Ammonium Nitrate which had been stored to sell as explosive to blast the stone quarry. Learned counsel for the petitioner by referring to Annexure-4, which is a letter of Ministry of Commerce and Industry, Government of India, submits that as per letter dated 23.4.1993 of the Chief Controller of Explosive, Nagpur, the Ammonium Nitrate is not an explosives under the Explosives Rules, 1983 and hence no licence is required for its storage and transport from the department under E.R. 1983. He further submits that petitioner is a bonafide dealer of Ammonium Nitrate for the last several years and is in possession of valid documents for the business of wholesale and retail of ammonium nitrate. Counsel for the State submits that there is always apprehension that the petitioner may sale the same for the purpose of blasting of stone quarry. 2 KHAN It appears that the Ammonium Nitrate in question is admittedly seized from the possession of the petitioner who is a wholesale and retail dealer of Ammonium Nitrate. The petitioner states that he would distribute the same only for agriculture purposes. Having heard counsel for the parties and on going through the materials on record, this court directs that the seized Ammonium Nitrate be released in favour of the petitioner on his furnishing adequate security to the satisfaction of the Additional Sessions Judge, Sheikhpura in connection with Sheikhpura P.S. Case No.177/2007 subject to the condition that the petitioner would furnish the details of sale of Ammonium Nitrate to the local police within three days of each sale with a copy to the Superintendent of Police, Sheikhpura. Let this order be communicated through fax at the cost of the petitioner. With the aforesaid observations and directions, this application stands disposed of. (S.P.Singh,J)