Explosive Substances Act
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(Querist) 08 July 2010
This query is : Resolved
Sirs,
in one of my cases, the allegation is that accused was found carrying a plasic bag, and when the police officer got suspicion, he got opened the bag and it was found to be containing " GUN POWDER " and he was arrested and a case u/s 4 of the explosive substances act was charged against him.
please explain me , whether the offence will lie ?
what are the essential ingredients of the offence ?
is it necessory that possession should be " unlawfully " and " maliciously " ?
then, what does these two words mean ?
can anybody provide me useful citations favourable to defence side ?
how can we guess whether the posiible explosion would have endangered life and property, ....when no such explosion has yet occured ?
thanks in advance,
SALIL KUMAR.P
ADVOCATE
THALASSERY-670101
MOB : +91-9447536929
advocatesalil@gmail.com
Arvind Singh Chauhan
(Expert) 09 July 2010
If only gun powder is recovered and no other devices or material, assembling of which may create explosion was recovered. In my opinion only Offence under 4(g) of explosive act is made out, not of explosive substantive act.
