UP-93/T-7994 is also duly authorized to transport explosive substances by Government of India and to this effect one Licence being Licence No. E/CC/MP/25/491(E65190) was also issued under the seal and signature of Controller of Explosives, Bhopal on 27.03.2018, which is valid up to 31.03.2002. Since the explosive substances were recovered from the Van (vehicle), which was duly authorized to transport explosive substances by Government of India, under the law, thus by no stretch of imagination it can be said that the transportation of explosive substances was illegal, in any manner, and thus no offence, whatsoever, had been committed by applicant and other coaccused persons but they had been falsely implicated in instant criminal case. In fact the explosive substances allegedly recovered from spot were transported in Van (vehicle), Pick-up, bearing No. UP-93/T-7994, but informant in connivance with his Team members falsely shown recovery of detonators from Bolero Car, just to show negligence on the part of accusedapplicant and other persons and further to create criminal case against them. Even if said act of applicant and other accused persons is taken to be in violation of law even then the same is punishable under Section 9-B of Explosives Act, 1884. No offence, whatsoever, has been committed by applicant and coaccused persons but Police of Police Station- Uldan, DistrictJhansi in connivance with his Team members falsely implicated the applicant along with co-accuseds in instant criminal case.The offences under which applicant is detained in Jail are exclusively triable by the Court of learned Magistrate.The applicant is an innocent person, he did not commit any crime nor he ever violated any provision of Act or the Rules of Explosive Substances Act, 1908 nor he ever fabricated bills, invoices and other documents , relating to the Explosive Substances recovered from the possession of applicant and coaccuseds , but he along with co-accuseds has been falsely booked in a criminal case only because of reason that he and his employer failed to grease the palms of informant and Police of Police Station- Uldan, District- Jhansi.The applicant is languishing in jail since 22.7.2019 who is not a previous convict. In case, the applicant is released on bail, he will not misuse the liberty of bail.
