THE HON’BLE SRI JUSTICE N.RAVI SHANKAR CRIMINAL PETITION NO.10628 OF 2010 Date: 14.12.2011 Between: Chakka Lakshmi Satyanarayana …..Petitioner And The State of A.P., rep. by its Public Prosecutor, High Court of A.P., Hyderabad. …..Respondent THE COURT MADE THE FOLLOWING: THE HON’BLE SRI JUSTICE N.RAVI SHANKAR CRIMINAL PETITION NO.10628 OF 2010 ORDER: Heard Sri S.Sivabhami Reddy, the learned counsel appearing for petitioner and the learned Additional Public Prosecutor. 2. Petitioner herein is accused in Crime No.113 of 2009 on the file of Tuni Town Police Station, East Godavari District. The offence alleged is one punishable under Section 9-B-1 (a) and (b) of the Explosives Act, 1884 (for short Act). The offence under Section 9-B-1(a) relates to manufacture, import or export of any explosive and the offence in Section 9-B-1(b) consists of possessing or using or selling or transporting any explosive in violation of the contravention of Rules i.e. Explosives Rules, 2008 (for short Rules). He filed this petition to quash the F.I.R. in the above crime. 3. The petitioner is said to be a dealer in fireworks and crackers. The averments in the panchanama on the basis of which the F.I.R. is registered would show that on 5.10.2009 at about 5.00 p.m. the Sub- Inspector of Police of the above police station along with mediators and his staff raided the fireworks shop of the petitioner and found that he was storing and doing business in fireworks and crackers which are useful for Deevali festival without licence. The prosecution version is that the stocks have been therefore seized and the petitioner has been arrested and was released on bail in connection with the above offence. 4. The learned counsel for the petitioner pointed out that earlier petitioner had a licence issued by the Sub-Divisional Magistrate and Revenue Divisional Officer, Peddapuram which was valid upto 31.3.2009 and that he applied for renewal of that licence by his application dated 26.2.2009 i.e. even before the expiry of the earlier licence and it was pending with the concerned authority and though the petitioner informed about the above position, the Sub-Inspector booked the case which is illegal. Regarding this illegality, the learned counsel for petitioner relied upon Rule 112 of the Rules. 5. It may be noted that Rule 112 and the other sub-Rules therein prescribe the procedure for making applications for licences and renewal of licences. Rule 112 (5) of the Rules is relevant. It reads as follows: 112. (5) If the application for renewal reaches the renewing or licensing authority on or before the date of expiry, the licence shall be deemed to be in force until such date as the licensing authority renews the licence or until an intimation that the renewal of licence is refused has been communicated to the applicant. Basing upon this rule position the learned counsel for petitioner contended that the application of petitioner for renewal is dated 26.2.2009 and it already reached the concerned licensing authority before 31.3.2009 but the licensing authority renewed the licence by its order dated 13.10.2009 and therefore he cannot be said to have committed the offence by virtue of the above sub-Rule 5 of Rule 112. 6. The petitioner’s counsel has produced a copy of the renewed licence given to him by the Revenue Divisional Officer, Peddapuram and it is dated 13.10.2009 and it reads as follows: “In the references 2nd read above, the Tahsildar, Tuni, Station Fire Officer, and Station House Officer, Tuni have inspected and recommended for renewal of the following Explosive Licenses in Form 24 of the Tuni Mandal and they have further reported that the business place may change in the vacant sited in Raja College Grounds, Tuni which is far away from residential area. The institute also given their consent. Hence, the following Form-24 licence is hereby renewed for a period from 14.10.2009 to 17.10.2009 duly change the place of business as noted in the statement. Sl.No. Name of licencee Licence Number Address Challan No. & date Period for which the licence to be renewed 1 Sri Chekka Lakshmi Narayana, S/o.Subba Rao, Tuni 21/2001 Tuni(M) & Tuni Town Vacant site o f Raja College grounds, Tuni. 8531, dt. 25.2.2009 Valid from 14.10.2009 to 17.10.2009. 7. It may also be noted here that in the panchanama, it is clearly mentioned that at the time of the said panchanama proceedings the petitioner is said to have informed the Sub-Inspector about his renewal application dated 26.2.2009 and also its pendency before the concerned licensing authority. Thus from the grant of above renewed licence to him, the petitioner’s version that he made the renewal application on 26.2.2009 can be accepted. 8. The learned Additional Public Prosecutor could not place before the Court any information that before 31.3.2009 or at any rate by 5.10.2009 or before 13.10.2009 any intimation was sent to the petitioner that his license was refused, but it should be noted that the license was renewed on 13.10.2009 by the concerned authority for a period of only four days i.e. from 14.10.2009 to 17.10.2009. Nevertheless, having regard to Rule 112(5) of the Rules, it follows that the petitioner cannot be said to have committed any offence as his license is deemed to be in force as on the date of seizure. The learned Additional Public Prosecutor could not produce any material to show that the above licence produced by the petitioner cannot be relied upon. The said licence copy shows that the licencee i.e. the petitioner has been directed to adhere to the rules and conditions laid down under the Act. 9. In the above circumstances, it follows that the petitioner should succeed in this petition and accordingly this petition is allowed and the proceedings in Crime No.113 of 2009 on the file of Tuni Town Police Station, East Godavari District are quashed. This order shall, however, not preclude the police concerned from initiating any action if the petitioner is found to have otherwise violated the provisions of the Act or Rules. ___________________________ JUSTICE N.RAVI SHANKAR 14th December, 2011 Tjmr THE HON’BLE SRI JUSTICE N.RAVI SHANKAR CRIMINAL PETITION NO.10628 OF 2010 DATE: 14.12.2011