IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 8TH JANUARY 2009 / 18TH POUSHA 1930 Crl.MC.No. 4224 of 2008() ----------------------------------- CC.1988/2008 of JUDL.MAGISTRATE OF FIRST CLASS-II, KOTTARAKKARA. CRIME NO.534/2008 OF KADAKKAL POLICE STATION . .................... PETITIONER(S): ACCUSED ---------------------- 1. K.PURUSHOTHAMAN, SABU NIVAS, AYIRUKUZHY.P.O, KADAKKAL (VIA),KOTTARAKKARA, KOLLAM DISTRICT. 2. P.SABU, S/O.PURUSHOTHAMAN, SABU NIVAS, AYIRUKUZHY.P.O, KADAKKAL (VIA),KOTTARAKKARA, KOLLAM DISTRICT. BY ADV. SRI.B.MOHANLAL RESPONDENT(S): COMPLAINANT -------------------------- 1. STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, KADAKKAL POLICE STATION, KOLLAM DISTRICT THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE ADDITIONAL DISTRICT MAGISTRATE, COLLECTORATE, KOLLAM. 3. THE DEPUTY CHIEF CONTROLLER OF EXPLOSIVES, KENDRIYA BHAVAN, KAKKANAD, ERNAKULAM, KOCHI-682037. PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 08/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.4224 of 2008 ------------------------------------- Dated this the 8th day of January, 2009 ORDER Petitioners face indictment in a prosecution under the Explosive Substances Act. The crux of the allegations against them is that a large quantity of explosive substances were found to be stored and kept possession in Sabu Nivas, the residential building of the petitioners. Final report has been filed. Cognizance has been taken. Trial has not commenced. 2. The petitioners have at this stage come to this Court to contend that they are duly licenced to store explosives. 3 licences are issued in their names, 2 in the name of the 1st petitioner and the other in the name of the 2nd petitioner. 3. The petitioners pray that the proceedings against them may be quashed. To succeed, they must show that possession of the explosive substances in Sabu Nivas is justified by anyone of the 3 licences issued in their name. Which is the licence, which will authorise or permit the petitioners to store explosive substances in Sabu Nivas ? The petitioner is unable to specifically point out anything in any one of the 3 licences which can justify storing and possession of explosive substances in Crl.M.C. No.4224 of 2008 2 Sabu Nivas. At least at the moment and with the available inputs, I am unable to conclude that the petitioners are justified in storing explosive substances in Sabu Nivas on the strength of any one of the 3 licences on which reliance is sought to be placed. 4. It is submitted that the numbers were assigned to the buildings long earlier and there have been changes in numbers. It may be so. At the moment and with the available inputs, it is impossible to come to a conclusion that anyone of the 3 licences issued in the name of the petitioners is a sufficient answer to the charge raised against the petitioners for having kept in their possession explosive substances in Sabu Nivas. The petitioners' counsel wants further time to secure relevant documents. The petitioners can secure the relevant documents and advance their contentions before the learned Magistrate. At the moment and with the available inputs, I find no justification in the prayer for invocation of the jurisdiction under Section 482 Cr.P.C. 5. This Crl.M.C is, in these circumstances, dismissed. (R.BASANT, JUDGE) rtr/-