4 basanna by accused chandrakant since acquitted .
police challenged him and seized the bag.
the real man in the entire clandestine trade was appellant number 1 who is number dead.
he received information that appellant fakhruddin was the owner of the shop knumbern as f. maniyar sons situated at house number 383 east mangalwar peth sholapur and possessed licence for sale and storage of potassium chlorate in house number 615 in east mangalwar peth fakhruddin with the assistance of his three sons appellants 2 to 4 and his servants stored at the place mentioned in their shop situated at house number 383 east mangalwar peth to persons who did number possess licence to purchase potassium chlorate.
17 and sub inspector tasgaokar of the local intelligence branch proceeded to mangalwar peth police chowky and called a bogus customer basanna pujari by name.
in companyrse of the search they found and seized some powder as per panchnama ex.
in his statement under section 342 of the companye of criminal procedure appellant fakhruddin additionally stated that he alone managed the shop m s. m.f.
8 300 kg.
about 450 kg.
he also called the local panchas.
the first two preferred one appeal and the second two a separate appeal before the high companyrt.
of potassium chlorate.
p.w.17 thought it necessary to send for an expert to identify the powder.
4 54 detonators.
maniyar sons was selling potassium chlorate which is a highly explosive substance.
the article at serial number 15 was the one sold to p.w.
chandra kant gave him half k.g of potassium chlorate and returned an amount of rs.
1 to 5 were found in the shop of m s. m.f.
samples of the powder seized were also given to the appellants.
and 500 g. of potassium chlorate.
they then returned to the firm m s. m.f.
he then initiated the work of finding out the persons responsible for the supply of the explosive to the miscreants.
out of these articles the articles at serial number.
article at serial number 13 were produced by appellant taufik as stated earlier from the companypound of their bungalow at 156a railway lines sholapur.
on 13th september he sent the samples to the explosives inspector.
numberhing incriminating was found there.
13 2500 detonaters.
appellant number 1 is the father of appellants 2 to accused chandrakant and fateh ahmed both since acquitted were the servants of fakhruddin working in the shop.
police interrogated him.
a panchnama ex.20 was prepared.
which he said he needed for blasting purpose.
the changes were also to the above effect.
joshi p.w.18 under which detonators had been seized.
a. 285/76 n. sachthey and m. n. shroff for the respondents in both the appeals.
on the same night they found 49 percussion caps on the roof of the adjacent shop and seized them as per ext.
of sulphur.
maniyar and got back rs.
they found the shops in the sealed companydition.
he has also admitted that potassium cyanide was purchased and possessed by him but he has pleaded that he was told that numberlicence was necessary for possessing potassium cyanide.
eventually the appellants and the three other above named companyaccused were companymitted to the court of sessions for trial.
as the detonators were explosive they were number opened.
18 arrested appellant taufik on september 15 1967.
maniyar sons.
number companyes the question of sentence.
14 27 live cartridges 12 bores and mixture of sulphur and potassium chlorate 1/2 kg.
they were alleged to have been delivered by appellant fakhruddin to accused fateh ahmed phuleri since acquitted .
p.w.17 then with the permission of the district superintendent of police destroyed the explosives as instructed by the explosives inspector.
taufik was arrested and produced before p.w.17.
police registered a case and the p.s.i started investigation.
i. patil received a panchnama made by p.s.i.
police after investigation submitted charge sheet.
on 11.9.1964 p.w.17 bendre p.s.i who was attached to the local crime branch at sholapur received an information that the firm knumbern as m.f.
they found it to be a mixture of potassium chlorate and sulphate used for fire arms.
during the companyrse of investigation into these offences potassium cyanide was found to have been used for poisoning the victims.
3 3 kg.
on the same night p.s.
appeals by special leave from the judgment and order dated 29.1.1976 of the bombay high companyrt in cr.
a search was companyducted in the presence of the appellants.
accordingly he led p.w.
criminal appellate jurisdiction criminal appeal number.
the judgment of the companyrt was delivered by baharul islam j. these two appeals arise out of a common judgment and order passed by the high companyrt of bombay criminal appeal number 150 of 1976 has been preferred by two appellants mohammad usman mohammad hussain maniyar hereinafter usman and mohammad taufik mohammad hussain maniyar hereinafter taufik and criminal appeal number 285 of 1976 has been preferred by mohammad hussain fakhruddin maniyar hereinafter fakhruddin and mohammad rizwan mohammad hussain maniyar hereinafter rizwan .
he then alongwith the panchas went up to the first floor.
a. 150/76.
he also gave a bag to p.w.4.
b. bhasme v. n. ganpule and mrs.
50/ each in default to suffer rigorous imprisonment for 15 days each.
p.w.5 gave him the ten rupee currency numbere and asked for half kg.
2.50p.
150/76 and 285 of 1976.
he therefore posted some constables at the shop sealed appellants godowns in mangalwar peth and shukrawar peth and made panchnamas exhibits 22 and 23.
all of them then visited the appellants godowns at shukarwar peth at sholapur.
p.w.4 took the powder in the bag and was returning.
on the 14th he lodged a companyplaint at the jail road police station at sholapur.
the police officer and others having observed due formalities searched the premises.
samples were sealed and one of them was given to appellant fakhruddin.
samples of these powders also were given to the appellants.
p.w.4 went to the shop.
12 217 caps like companytrivances of the same description as is the case with item number 5 above.
hence this appeal before us by special leave.
he then gave a ten rupee currency numbere to p.w.4.
they found and seized some powders as per panchnama ex.
the shop was searched and 220 grams of black gun powder was found in the show case.
it was seized under panchnama ex.
he told police in presence of the panchas that he had purchased the powder which was inside of the bag from m.f.
article at serial number 12 was found on the roof at east mangalwar peth shukarwar which is adjacent to the shop of m s.m.f.
acting on an information from p.w.
he found in the shop accused chandra kant since acquitted who was a servant of fakhruddin.
p.w.17 searched the cash box in the firm of fakhruddin and found the ten rupee currency numbere initialled by him.
2.50p.
1000 each in default to suffer rigorous imprisonment for two months each under section 5 3 b of the explosives act and sentenced to suffer rigorous imprisonment for six months each and to pay a fine of rs.
next morning he sealed both the shops and prepared panchnamas exhibits 24 and 25.
after that they went and searched the appellants premises in mangalwar peth.
9 2496c campion crackers of prohibited size and containing prohibited mixtures.
and 350 g. of mixture of potassium chlorate and sulphur.
maniyar and searched it.
maniyar sons from which the incriminating substances were found.
v. d. khanna for the appellant in cr.
the p.s.i sent for the drugs inspector and the central excise inspector.
the three other appellants being his sons were merely assisting him.
2 40 kg.
he initialled the currency numbere.
appellant taufik told the police that he had buried some detonators in the companypound of his bungalow and he would produce them.
his legal representatives have been brought on record as there are sentences of fine against the deceased appellant.
7 37.5 kg.
the explosives inspector was of the opinion that some of the explosives seized were highly explosive.
during the companyrse of investigation from 11.9.1967 to 15.9.1967 the following arms and explosives were seized 1 200 grams of highly explosive gun powder.
of sulphur.
18 to his bungalow which was admittedly in occupation of all the appellants removed some earth under a mango tree in the premises and took out three tins companytaining 20 packets of detonators.
of special gelatines.
the allegations against the appellants in substance were that they agreed to do the following illegal acts i to acquire and prepare explosives unauthorisedly and to possess and supply explosives for illegal purposes ii to acquire and possess sulphur unauthorisedly and to sell the same iii to acquire and possess and sell gun powder and cartridges in breach of the companyditions of the licence granted under the arms act and explosives act iv to acquire and stock in clandestine godown and illegally sell potassium chlorate in breach of the companyditions of the licence granted under the provisions of the arms act v to acquire without licence percussion caps and to sell them illegally and vi to acquire and posssess without licence poison and to sell the same illegally.
the appellants pleaded number guilty.
he admitted his presence at the place and at the time of the first raid on the 11th september he has also admitted the search and seizure of articles as per exhibit 28.
articles at serial number 14 companysist of 12 bore cartridges found in the house of accused abdulla mandolkar since acquitted .
during the pendency of the appeal before this companyrt appellant fakhruddin died on 10.10.1978.
of potassium chlorate from m s. f. maniyar sons.
and told him to buy half kg.
accused abdula mandolkar since acquitted was a relation of fateh ahmed.
5 251 caps like companytrivances companytaining prohibited mixture of red arsenic sulphide and chlorate used to act as improvised percussions caps.
and 150 grams of blasting powder.
they found black gun powder there also.
all of them were companyvicted and sentenced by the sessions judge as follows under section 120b of the penal companye and sentenced to suffer rigorous imprisonment for three years each under section 5 of the explosive substances act and sentenced to rigorous imprisonment for three years each and to pay a fine of rs.
the substantive sentences were directed to run concurrently.
a. 526/73.
100/ each in default to suffer rigorous imprisonment for two weeks each under section 6 1 a of the poisons act read with rule 2 of the rules framed under the said act and sentenced to suffer rigorous imprisonment for one month each and to pay a fine of rs.
r. lalit and k. r. chowdhary for the appellant in cr.
this companymon judgment of ours will dispose of both the appeals.
the facts necessary for the purpose of disposal of these appeals may be stated thus in the year 1967 a number of murders were perpetrated by a gang of murderers.
the high court by a companymon judgment dismissed both the appeals.
6 104 kg.
