HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No. 8166 OF 2009 DATED 17th December, 2014.
BETWEEN Ujwal Bhope ….Petitioner And The Commissioner of Police, Hyderabad and anr …Respondents.
HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No. 8166 OF 2009
ORDER:
Heard learned counsel for the petitioner and learned Government Pleader for the respondents.
This Writ Petition was filed challenging the action of respondents in seizing and closing shop No.5-3-1070, Osmangunj, Hyderabad from the sale of fire crackers.
This Court by order dated 21.04.2009 directed the respondents to unseal the shop of the petitioner, release the seized stock of fire crackers in his favour after weighing and recording the weight as provided under Rule 16 of the Explosive Rules.
The learned Government Pleader based on the written instructions submits that since the petitioner violated the provisions of Explosives Act, 1884, a case in Crime No.43 of 2009 was registered against him under Section 9-B(1)(b) of the Explosives Act, 1884 on 7.4.2009 on the file of the Begum Bazar Police Station, Hyderabad and after completion of the investigation, appropriate charge sheet was filed before the learned XVII Additional Chief Metropolitan Magistrate, Nampally, Hyderabad and the trial is going on in C.C.No. 26 of 2010 and the said case was posted to 08.12.2014.
The learned Counsel for the petitioner submits that pursuant to the interim order of this Court dated 21.04.2009, seized stock was opened and weight was recorded, however, a copy of the same was not furnished to the petitioner.
In the circumstances, the respondents are directed to furnish a certificate/copy of recording weight of the seized stocks as provided under Rule 16 of the Explosives Act, 1884 in pursuance of the interim order of this Court dated 21.04.2009 within a period of one month from the date of receipt of a copy of this order. In view thereof and except the order to the extent indicated herein above, no further order/s need be passed in the Writ Petition.
The Writ Petition is disposed of to the extent indicated above. Miscellaneous petitions pending consideration if any in the Writ Petition shall stand closed in consequence. No order as to costs.
JUSTICE A. RAMALINGESWARA RAO DATED 17th December, 2014. Msnrx