Rafiq Mohammad S/o Abdul Sattar v. The State of Rajasthan through P. P.
1996-05-30
M.A.A.KHAN
body1996
DigiLaw.ai
JUDGMENT 1. - Heard. 2. The applicant is found to be in possession of 40 Kg. of gun power and 20 bags of Amonia Nitrate, which the police officials have alleged to have seized on 3.4.1996 at about 2.00 p.m. at village Masuda and is thus alleged to have committed an offence punishable Under Section 5 of the Explosive Substance Act, 1908. 3. It was urged by the learned counsel for the applicant that the family of the applicant has been carrying on the business of making explosions in digging of the wells used for agriculture purposes. That apart, the applicant also sells fertilizers to the needy villagers/farmers. It was submitted that the applicant use the explosive substances under a valid licence for the renewal of which he had duly applied to the concerned authorities. In support of such contention a large number of documents and certificates issued by good number of representatives of the peoples belonging to almost all shades and colours have been produced before me. Thus, the order of the District Magistrate, the copy of the application for renewal of licence, order of Gram Panchayat, Masuda, a certificate from Vikas Sewa Samiti Panchayat Samiti Masuda, certificate from Block Congress Committee (I) Masuda, certificate from one Shri Kaushal Raj Cheepa, Member of Legislative Assembly, certificate from Bhartiya Janta Yuva Morcha, Affidavits of Lalchand, Suva, Gopal, Khoma, Hussain, Panchu, Sheru Khan and Devi, certificate from the office of Gram Panchayat Masuda have been produced before me in corroboration of the contention advanced. 4. At this stage, this Court is not required to express any opinion on the merits of the case. Suffice it to say that looking to the facts and circumstances and the material placed before me I feel inclined to enlarge the applicant on bail. 5. It is, therefore, directed that the applicant Rafiq Mohammed S/o Abdul Sattar shall be released on bail, provided he furnishes a personal bond in the sum of Rs. 10,000/- with two sureties in the sum of Rs. 5,000/- each to the satisfaction of the trial Court for his appearance in that Court on all dates of hearing.Bail Granted. *******