HON’BLE SRI JUSTICE SAMUDRALA GOVINDA RAJULU CRIMINAL PETITION NO.3996 OF 2010 DATE:04.06.2010 Between: Kamanuru Bhagavan and another …….Petitioners And: The State of A.P., rep. By its Public Prosecutor ……Respondent HON’BLE SRI JUSTICE SAMUDRALA GOVINDA RAJULU CRIMINAL PETITION NO.3996 OF 2010 ORDER: The petitioners 1 and 2/A-1 and A-2 are accused of offences punishable under Section 286 IPC and Sections 4 and 5 of the Explosive Substances Act in Crime No.22 of 2010 of Nallamada Police Station of Anantapur District. When crushing site of K.C. Venkata Reddy and Company, Pulagampalli Cross, Nallamada Road, Donnikota village was raided by Inspector of Police, Kadiri rural circle, he found Ammonium Nitrate of 6 bags containing 50 kgs each, half bag containing 25 kgs and also 50 electric detonators, 4 Nitrate mixture Jet tubes and 8 meters safety fuses. It was a stone quarry area. The watchman produced license and disclosed names of A-1 and A-2 as partners of K.C. Venkata Reddy and Company. As per the license, the licensee was authorized to hold 75 kgs Nitrate mixture, 1,000 meters of safety fuse, 2,500 Electric Detonators, 2,000 Ordinary Detonators. Thus, all the material seized in this case is well within the limit prescribed in the license, except Ammonium nitrate. The question is whether Ammonium nitrate is an explosive or explosive substance or not as per the Explosives Act or the Explosive Substances Act. The Deputy Chief Controller of Explosives, Hyderabad in his letter dated 04.09.2007 addressed to the District Magistrate, Mahaboobnagar District clarified that Ammonium nitrate by itself is not an explosive and is not attracted by the provisions of Explosives Act, 1884 and rules made there under. It is only when Ammonium nitrate is mixed with fuel oil like diesel oil, it forms a sensitive explosive mixture, possession and use of which attracts the Explosives Act. The Public Prosecutor submits that Ammonium nitrate by itself is neither an explosive nor an explosive substances and that no license is required for possessing the same under either the Explosives Act or the Explosives Substances Act. Therefore, registration of this case against the petitioners under Sections 4 and 5 of the Explosives Substances Act is not warranted. In so far as offence under Section 286 IPC is concerned, it contemplates existence of explosive substance and handling the same rashly or negligently in order to endanger human life or likely to cause hurt or injury to any other person. Since there is no explosive substance at all in this case much less handling the same either rashly or negligently, invoking Section 286 IPC in this crime is also not warranted. In the result, the petition is allowed quashing FIR in Crime No.22 of 2010 of Nallamada Police Station, Anantapur District. ____________________________________ SAMUDRALA GOVINDA RAJULU,J. Date:04.06.2010. GK. THE HON'BLE SRI JUSTICE SAMUDRALA GOVINDA RAJULU CRIMINAL PETITION NO.3996 OF 2010 Date:04.06.2010 Gk.