2020 CRI. L. J. (NOC) 67 (PAT.) ::AIROnline 2019 Pat 1260

Patna High Court

Hon'ble Judge(s): Aditya Kumar Trivedi , J

(A) Explosive Substances Act, 1908 S. 4 (b)(ii)— Explosives Act (4 of 1884), S. 9-B(1)(b)— Possession of explosive substances — Conviction u/S. 4(b)(ii) of 1908 Act — Validity — Nothing to show that such illegal possession was with intention to explode in order to cause injury to life or property — Prosecution failed to substantiate ingredients of S. 4 — Evidence is with regard to possession of explosives without license — Accused found and held guilty u/S. 9B(1)(b) of 1884 Act — Accused had already undergone period of sentence and hence directed to be released. (Para 9,10,13)