Court No. - 52
Case :- APPLICATION U/S 482 No. - 10003 of 2018 Applicant :- Furkan Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Manoj Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Manoj Kumar Mishra, learned counsel for the applicant and learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed for quashing the proceeding in Case No.1847 of 2017 (State Versus Furkan) arising out of Case Crime No.157 of 2016 under Section 9(B) of Explosive Act, P.S. Chowk, District Varanasi.
As per the prosecution case 30 kgs of firecrackers and sparklers were recovered from the possession of the applicant. He has referred to Rule 9(9) of the Explosives Rules, 2008 which stipulates that notwithstanding anything contained in Rule 7, license shall be necessary for the following cases:
"possession and sale from a shop of amorces and sparklers in quantity not exceeding one hundred kilogram."
I have perused the order impugned in the present application. It is not clear whether the recovered explosives from the applicant were only sparklers in order to bring it out of the ambit of Explosives Act and Rules framed thereunder.
The prayer for quashing the proceedings as well as order impugned is refused.
However, it is provided that if the applicant appears and surrenders before the court below within 30 days from today and applies for bail, his prayer for bail may be considered and decided on same day in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P. For a period of 30 days from today or till the disposal of the application for grant of bail, whichever is earlier, no coercive action shall be taken against the applicant. However, in case, the applicant does not appear before the Court below within the aforesaid period, coercive action shall be taken against him.
With the aforesaid directions, this application is finally disposed of. Order Date :- 29.3.2018 MN/-