Alleged transport, in goods autorickshaw, of explosive materials

2022(6) Kar. L.J. 482
IN THE HIGH COURT OF KARNATAKA AT BENGALURU

SAIFULLA SHAREIFF AND ANOTHER
VERSES
STATE OF KARNATAKA

EXPLOSIVES ACT, 1884, Section 9-B(1) - Code of Criminal Procedure, 1973, Sections 397 and 401 - Alleged transport, in goods autorickshaw, of explosive materials by accused-petitioners herein - Arrest and seizure of materials - Conviction by Trial Court - Petition against - As per evidence of P.W. 1, at the time of raid, apart from himself, there were other police personnel (C.Ws. 1, 2, 4 to 8, 12 and 13) and two panchas (C.Ws. 9 and 10) - Accused 3 was driving the autorickshaw - Out of two panch witnesses, P.W. 2 has not supported case of prosecution - He has stated that he saw accused in the police station - Several other witnesses at the time of seizure of substances not examined by prosecution except P.Ws. 1 and 3 who are police officials - Therefore, impugned seizure from accused not proved beyond reasonable doubt - Conviction - Set aside. (paras 2, 4 and 6)