M/S. Gouthami Explosives Private Limited vs State Of Telangana

This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C.’) by A.1 & A.2 to quash the orders dated 18.12.2023 in Crl.M.P. No. 852 of 2023 in Crime No. 244 of 2023 on the file of the Junior Civil Judge-cum-Judicial First Class Magistrate at Alair.

Heard Sri B. Chandrasen Reddy, learned Senior Counsel for the petitioners and learned Assistant Public Prosecutor for respondent Nos.1 & 2 – State. Perused the record.

Petitioner No. 1-M/s. Gouthami Explosives Pvt. Limited is a licensee for manufacturing of explosives. It also transports the explosives, raw materials and finished goods in explosive vehicles specially designed for that purpose. While petitioner No. 2/A.1 is the Accountant, petitioner No.3/A.2 is the Managing Director of M/s. gouthami Explosives Pvt. Limited. The allegations against the petitioners are that as per the licence conditions, they can only hold/store 1500 kgs. of explosives. However, on conducting a search in the factory premises of petitioners, it was found that in Room No. 8 (manufacturing godown), the petitioners stored the explosives, all worth of Rs.3,85,500/- weighing around 5225 kgs. as against the sanctioned limit of 1500 kgs. On the ground that the petitioners have stored the explosives more than the permitted capacity and that the action of the petitioners is hazardous and endangers the life of the workers of the factory, the manufacturing premises, including the stored explosive materials was seized. The petitioners filed an application before the trial Court vide Crl.M.P. No. 852 of 2023 for unsealing the factory premises. By the order under challenge, the said application was dismissed.

Sri B. Chandrasen Reddy, learned Senior Counsel, appearing on behalf of the petitioners, submitted that the reason for sealing the material was on the ground that such huge quantity of explosives should not be stored in one place, but however, the entire material was seized instead of seizing the excess material. It is further contended that the explosive materials that were seized, worth Rs.3,85,000/- are perishable in nature and if the same is not used, it will expire and will become useless. He further submitted that the petitioners have not yet made payment to the vendors, for the explosives and that the vendors are now willing to take away the goods and therefore, the learned counsel prays for unsealing the premises on condition of petitioners furnishing bank guarantee equal to the value of the seized material which is in excess of permitted quantity of 1500 kgs. and seeks permission to permit the vendors to take away the said balance explosive materials.

Heard the learned Assistant Public Prosecutor, who has objected for the relief sought for by the petitioner.

The allegation against the petitioners is that they are holding the explosive materials in excess to the permitted quantity of 1500 kgs., thereby posing threat to the life of the workers of the factory. However, it is not understandable as to how the entire material, including the permitted quantity has been seized by the authorities. In the circumstances of the case, the Police are directed to unseal the premises, verify the value of the goods and permit the vendors of the petitioners to take away the excess quantity of material on condition of petitioners furnishing adequate bank guarantee to remove such excess material from the premises.

The Criminal Petition is allowed as indicated above.

Miscellaneous applications, if any pending, shall also stand closed.