IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN MONDAY, THE 14TH NOVEMBER 2011 / 23RD KARTHIKA 1933 Crl.MC.No. 3662 of 2011() ----------------------------------- CRIME NO.156/2010 OF ENATHU POLICE STATION, PATHANAMTHITTA. .................... PETITIONER(S): 1ST ACCUSED -------------------------------------------- S.K.SASIDHARAN NAIR, (STATED AS S.K.SASIDHARAN PILLAI IN THE POLICE REPORTS), S/O.KUTTAN PILLAI, AGED 59 YEARS, PERUMCHIRA VEETTIL, MANNADY P.O., PATHANAMTHITTA. BY ADV. SRI.K.SASIKUMAR SRI.S.KANNAN RESPONDENT(S): COMPLAINANT & THE STATE --------------------------------------------------------------------- 1. THE SUB INSPECTOR OF POLICE, ENATHU POLICE STATION, PATHANAMTHITTA - 689 645. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031. BY PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss CRMC. NO.3662/2011 APPENDIX PETITIONER(S) ANNEXURES A1:- COPY OF THE FIR DATED 12/04/2010 IN CRIME NO.156/2010 OF ENATHU POLICE STATION, PATHANAMTHITTA PENDING BEFORE THE JUDICIAL IST CLASS MAGISTRATE COURT, ADOOR. A2:- COPY OF THE FINAL REPORT DATED 30/04/2010 IN CRIME NO.156/2010 OF ENATHU POLICE STATION,PATHANAMTHITTA, PENDING BEFORE THE JUDICIAL IST CLASS MAGISTRATE COURT, ADOOR. A3:- COPY OF THE PERMIT NO.62/09-10/QP/CRPS/GBS/1286/DOPTA/M/2009 DATED 03/08/2009. A4:- COPY OF THE EXPLOSIVE LICENSE ISSUED IN FAVOUR OF THE 3RD ACCUSED BEARING NO.EX/SP/676, DATED 29/11/2000. A5:- COPY OF THE COMMUNICATION DATED 12/01/2006 ISSUED BY THE DEPUTY CHIEF CONTROLLER OF EXPLOSIVES, ERNAKULAM INTIMATING RENEWING/REVALIDATING THE LICENSE OF THE 3RD ACCUSED. A6:-A TRUE COPY OF THE COMMUNICATION DATED 10/04/2008 ISSUED BY THE DEPUTY CHIEF CONTROLLER OF EXPLOSIVES,ERNAKULAM. A7:- COPY OF THE JUDGEMENT DATED 22/11/2008 IN CMA NO.93/2008 OF DISTRICT JUDGE, PATHANAMTHITTA FILED AGAINST ORDER IN IA NO.1170/2008 IN OS NO.296/2008. RESPONDENTS' EXHIBITS NIL:- TRUE COPY P.S. TO JUDGE tss N.K.BALAKRISHNAN, J. ---------------------------------------------------- Crl.M.C.No.3662 of 2011 ---------------------------------------------------- Dated this the 14th day of November, 2011 Order The petitioner is the first accused in Crime No.156 of 2010 of Enathu Police Station, Pathanamthitta District. After investigation, charge sheet was laid against the accused under Section 5 r/w Section 9B(1)(b) of the Explosives Act, 1884. The allegation is that in contravention of the provisions of the Explosives Act and Rules, the petitioner with the connivance of A2 was found keeping possession of 100 ordinary detonators, 5 meter safety fuse and 25 kgs. of potassium nitrate etc. The crime was detected on 12.4.2010. It is alleged that these detonators and other articles were found concealed or kept in a shed situated in the quarry mentioned in the charge sheet. The second accused who was stated to have been present, was arrested then and there. 2. The learned counsel for the petitioner submits that the third accused was having valid permit/licence and he was authorised to conduct blasting operations. The first accused is Crl.M.C.3662/11 2 stated to be the owner of the quarry. It is argued by the learned counsel that since the other accused were having valid licence and since the quarrying operations were conducted as per the permit/licence, the first accused/petitioner cannot be held liable under the provisions of the Explosives Act and Rules. The Prosecution contends that the petitioner was keeping possession of the same in contravention of the Act and Rules. Since the petitioner was stated to have allowed his property to be made use of for that purpose, according to the prosecution, the petitioner is also liable for commission of the offence. I do not venture to examine the facts and circumstances in detail since it is open to the petitioner to move the learned Magistrate for appropriate reliefs including an order for discharge. The Crl.M.C. is disposed of accordingly. N.K.BALAKRISHNAN, JUDGE. srd Crl.M.C.3662/11 3 Crl.M.C.3662/11 4