- (1.) HEARD learned counsel appearing for the petitioner and learned counsel appearing for the State. This application has been filed for quashing of the order dated 15.05.2012 passed in Pakur [Malpahari] P.S. Case No.49 of 2012 [G.R. No.135 of 2012 and S.C. No.79 of 2012], whereby and whereunder, cognizance of the offence punishable under Sections 3, 4 and 5 of the Explosives Substance Act has been taken against the petitioner.
(2.) THE case of the prosecution as it appears from the First Information Report is that while two persons riding, a Motorcycle, were intercepted by the Officer -in -Charge, Pakur Town, Pakur, one of the riders fled away, whereas this petitioner was apprehended and upon search being made, 50 K. G. of Ammonium Nitrate was found in each of the two plastic bags and thereby, a case was registered as Pakur [Malpahari] P.S. Case No.49 of 2012, alleging therein that the petitioner without having any licence was carrying Ammonium Nitrate for being used as explosives in Mines. Mr. Gautam kumar, learned counsel appearing for the petitioner submits that no offence whatsoever is made out even if the entire allegation made in the F.I.R. are accepted to be true.
(3.) LEARNED counsel appearing for the petitioner further submits by referring to the Notification dated 19.06.2012, issued by Petroleum and Explosives Safety Organization, Nagpur submits that no licence is required for having possession of sale, use, transport etc., for any quantity of Ammonium Nitrate. and as such, on this ground alone, the F.I.R. is fit to be quashed.;