KASTURNATH Vs. STATE OF M P

JUDGEMENT

(1.) This criminal revision under Section 397 read with Section 401 of Cr.P.C. is directed against the order passed by the learned 2nd Additional Sessions Judge, Neemuch in Session Trial No. 23/2013, dated 30-6-2014 by which the learned Additional Sessions Judge framed charges under Sections 9(B)(1-B) and in alternative 9(B)(1-B) read with Section 12 of Explosives Act, 1884 and Section 5 and in alternative Section 5 read with Section 6 of Explosive Substances Act. Before proceeding with the order, it may be mentioned here that the revision in respect of applicant No. 1 was withdrawn by the Counsel for the applicants on 21-1-2015 and, therefore, this revision relates only in respect of applicant Nos. 2 and 3. Applicant No. 2 is Director of M/s. Super Shiv Shakti Chemicals and applicant No. 3 is Manager of this Company. The Company possessed license for production of explosives. As per the facts stated in the application, the Company sold 600 cartons to M/s. Shiv Shakti Enterprises, Bhilwara, Rajasthan and Shiv Kripa Enterprises, Chittorgarh, Rajasthan. 300 cartons each containing power blast Jelatin rods were sold to these two customers and at the relevant time the cartons were being transported to these consignees while the vehicle, which was authorised to transport explosive substance by Competent Authority entered into the State of Madhya Pradesh and the vehicle was intercepted by Police Singoli, District Neemuch. As per the prosecution story, the Statutory Forms RE-6 and RE-12 specific route passing through the State of Madhya Pradesh was not mentioned and, therefore, it was the prosecution case that explosive substance was brought illegally into the State of Madhya Pradesh with a view to supply it for some illegal activity.

(2.) After charge sheet is filed, the learned Magistrate framed the charges as aforesaid and, therefore, aggrieved by which, this application is filed on the ground that:--

(3.) According to applicants, no route is prescribed in Statutory Forms, which are mandatory for transportation of such explosives. The present applicants were only under obligation to inform the Superintendent of Police and District Magistrate of the District from where the consignment commence its journey and the same authorities of the district of destination. On these grounds, inter alia, the applicants pray that the impugned order be set aside and they be discharged from charges under the sections as aforesaid.