MOHAMMAD RAFIQ,J. - (1.) Ajay Kumar Shaw, an accused in FIR No. 10/2017 registered on 24.03.2017 at Police Station CID (SOG), Jaipur for offence under Sections 4/5 of the Indian Explosive Substance Act, 1908 (for short 'the Act of 1908') by means of this writ petition has challenged notification dated 02.08.2005 issued by the State Government in exercise of its powers under section 2(s) of the Code of Criminal Procedure, 1973 (for short 'the Code') whereby the office of the Inspector General of Police (Special Crime and Economic Offence) with its headquarter at Jhalana Mahal, Malviya Nagar, Jagatpura Road, Jaipur has been declared Special Police Station for various offences under different enactments enumerated therein including those relating to open source involving large scale economic frauds; organised crimes, open source related to terrorist activities and offences prejudicial to National Security, public safety and offences against the State. Prayer has also been made to quash aforesaid FIR registered at the instance of one Virendra Kumar, Circle Inspector, SOG, Rajasthan, Jaipur.
(2.) It was alleged in the aforesaid FIR that on source information, godown of one Girraj Prasad Sharma situated behind Gangeshwar Petrol Pump, Galta Gate, Jaipur was raided. A truck No. RJ-05 GA 8840 was found loaded with explosive substances contained in white colour plastic bags. Two persons were unloading such explosive substances. They disclosed their identity as Girraj Prasad Sharma and Hansraj Meena. With their permission, godown and truck were searched. 204 rods of Gelatin Rods in a cartoon; 2600 detonators in 26 packets of paper; 9 bundle fuse wire in 9 plastic bags and 131 white plastic bags of Ammonium Nitrate were found in the godown. 94 bags of Ammonium Nitrate were found in the truck. On enquiry, both could not produce any licence or letter of permission to transport or store such large quantity of explosive substances, thus they were seized and taken into possession. Samples of Ammonium Nitrate were collected and sealed. The accused were arrested on the spot. During the course of investigation, the petitioner herein was also arrested as an accused and sent to police custody. Charge sheet was filed against these three accused and one Brijesh Kumar Gupta in the Court of Chief Metropolitan Magistrate, Jaipur. The matter is presently pending awaiting the requisite sanction of District Magistrate, Jaipur as required by the Act of 1908. At the outset it is significant to notice that impugned notification dated 02.08.2005 was substituted by notification dated 30.03.2011 though retaining substantially the same offences, but making Inspector, Deputy Superintendent of Police, Police and superior officers posted in Special Operations Group including Additional Deputy General of Police and Inspector General of Police and Inspector General of Police, Anti Terrorist Squad and Special Operational Group, Rajasthan and the Director General of Police, Rajasthan as officer-in-charge in respect of the Special Police Station: "Special Operations Group".
(3.) Mr. Vijay Poonia, learned counsel for the petitioner argued that registration of FIR as also investigation into that FIR for alleged offences is also illegal as CID, Jaipur is not lawfully established police station in terms of the provisions of the Code and Rajasthan Police Act, 2007 (for short 'Rajasthan Police Act'). It is argued that Special Operation Group was established by the State Government vide order dated 27.01.2003 issued by Director General of Police, Rajasthan. It was thereafter that notification dated 02.08.2005 was issued in exercise of the powers conferred by Section 2(s) of the Code declaring the office of the Inspector General of Police (Special Crime and Economic Offences) with its headquarter at Jhalana Mahal, Malviya Nagar, Jagatpura Road, Jaipur. Name of the police station has thus wrongly been mentioned as CID, Jaipur. Combined reading of order dated 27.01.2003 and notification dated 02.08.2005 would reveal that name of CID, Jaipur has wrongly been mentioned in the FIR.;