Facts of the Case

The petitioner, who runs Abi Lorry Service, a logistics business, had stored fire crackers in his godown/office-cum-loading point without holding the requisite explosives licence. The premises (identified in the case papers by the business's GST registration number) were locked and sealed by the Tahsildar, and Crime No.472 of 2023 was registered against the petitioner for offences under Section 9B(1)(b) of the Explosives Act, 1884. The petitioner sought a writ of mandamus directing the Tahsildar to unlock and unseal the premises.

Issues Involved

  1. Whether the sealed premises should be de-sealed pending criminal prosecution.
  2. Whether the seized fire crackers should be released to the petitioner.

Petitioner's Arguments

  • Relying on an earlier order of the same Court (W.P.(MD)No.25951 of 2023) on similar facts, the fire crackers were not contraband or illegal material per se, and the petitioner undertook not to store fire crackers on the premises again without obtaining a proper licence.

Respondent's Arguments

  • Not separately elaborated in the order; the disposal proceeded on the petitioner's undertaking.

Court Order / Findings

  • The Court accepted and recorded the petitioner's undertaking not to use the premises for storing fire crackers without a licence.
  • The premises were ordered de-sealed, since continued official custody served no purpose, and the seized materials were directed to be returned to the petitioner after preparing a proper inventory (mahazar).
  • The Court clarified the petitioner still had to face criminal prosecution under the Explosives Act; only de-sealing and return of the seized goods were granted.

Important Clarification

This is an Explosives Act, 1884 case, not a GST matter. The GST registration number appearing in the case papers merely identified the business premises and has no bearing on the ruling, which concerns unlicensed storage of fire crackers.

Sections Involved

  • Explosives Act, 1884 – Section 9B(1)(b) (storage of explosive substances without licence)

Decision – In Favour of

Petitioner (Manikandan) – premises ordered de-sealed and seized goods to be returned, subject to an undertaking and continued criminal prosecution.

Case Details

Court: Madurai Bench of Madras High Court
Case Number: W.P.(MD)No. 26100 of 2023 and W.M.P.(MD)No. 22459 of 2023
Coram: Justice G.R. Swaminathan
Date of Order: 30 October 2023

Link to Download the Order

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