Disposed

M/S Sri Balaji Traders, v. Director General and Inspector

Karnataka HC6 Nov 2023WP/24186/2023

Case brief

AI extract

What is this about?

Court disposed of writ petition challenging sealing of fireworks shop. Ordered police to unlock premises. Directed petitioner to rectify safety violations (fire extinguishers, storage limits) within 24 hours and submit compliance report before resuming business.

What did the court decide?

Directions to unlock premises within 24 hours; liberty to operate upon rectifying safety conditions and submitting compliance report.

M/S Sri Balaji Traders, Vs Director General and… — Service and Employment | Karnataka HC (2023)

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1 - NC: 2023:KHC:39423 WP No. 24186 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 6^TH DAY OF NOVEMBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 24186 OF 2023 (GM-POLICE)

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BETWEEN:

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M/S. SRI BALAJI TRADERS, REGISTERED PARTNERSHIP FIRM REG. UNDER PARTNERSHIP ACT REPRESENTED BY ITS PARTNERS.

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1(a) VENKATESH S, S/O LATE SATHYANARYANNA SETTY, AGED ABOUT 54 YEARS.

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1(b) CHETHAN S., S/O VENKATESH S., AGED ABOUT 25 YEARS.

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Digitally signed by NAGAVENI Location: HIGH COURT OF KARNATAKA

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BOTH R/AT NO.40, HEMA NILAYA, 7^TH CROSS, RAVI EXTIONS,. NEAR NANDINI LAYOUT, JAI MARTHI NAGAR, BENGALURU – 560 096. BOTH R/AT NO.49, 4^TH MAIN ROAD, CHAMARAJPET, BENGALURU – 560 018.

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…PETITIONERS

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(BY SRI. SHARATH S. GOWDA, ADVOCATE)

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NC: 2023:KHC:39423 WP No. 24186 of 2023

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AND:

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DIRECTOR GENERAL AND INSPECTOR GENERAL OF POLICE KARNATAKA STATE POLICE HEADQUARTERS NO.2, NRUPATHUNGA ROAD, BENGALURU – 560 001.

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THE SUPERINTENDENT OF POLICE RAMANAGARA DISTRICT, OFFICE OF SUPERINTENDENT OF POLICE, POLICE BHAVAN, B.M.ROAD, RAMANAGARA – 562 159.

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DEPUTY SUPERINTENDENT OF POLICE RAMANAGARA SUB-DIVISION, RAMANAGARA – 562 159.

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TAVAREKERE POLICE STATION MAGADI MAIN ROAD, BENGALURU – 562 130, REPRESENTED BY STATION HOUSE OFFICER.

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DEPUTY COMMISSIONER BENGALURU URBAN, KG ROAD, BEHIND KANDAYA BHAVAN, BENGALURU – 560 009.

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THE TAHSILDAR BAGNALORE SOUTH TALUK, D C OFFICE, KANDAYA BHAVAN, BENGALURU – 560 009.

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3 - NC: 2023:KHC:39423 WP No. 24186 of 2023

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REVENUE INSPECTOR TAVAREKERE HOBLI, TAVAREKERE CIRCLE, BANGALORE SOUTH TALUK, BENGALURU – 562 130.

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THE CHIEF CONTROLLER OF EXPLOSIVES PETROLEUM AND EXPLOSIVES SAFETY ORGANIZATION, 2^ND FLOOR, CITY CENTRE, OPPOSITE TO HOTEL ROOPA, BALMATTA ROAD, MANGALURU – 575 001.

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…RESPONDENTS

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(BY SRI.K.S.HARISH, GOVERNMENT ADVOCATE FOR R1 TO R7; SRI H. SHANTHI BHUSHAN, DSGI FOR R8)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THE ACTION OF R7 IN SEIZING / SEALING THE SCHEDULE PREMISES AT THE INSTANCE OF R1 TO 6, PREVENTING THE PETITIONER FROM RUNNING THE BUSINESS OF SALE OF FIRE CRACKERS AS ILLEGAL AND ETC.,

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THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The petitioner – partnership firm is before this Court seeking a direction by issuance of the writ in the nature of mandamus declaring the action of respondent No.7 – Revenue Inspector of Tavarekere Circle, Bengaluru South Taluk, in sealing the scheduled premises at the direction of respondent

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Nos.1 and 6 and preventing the petitioner from running the business of selling of crackers, as illegal.

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Heard Sri Sharath S. Gowda, learned counsel for petitioner, Sri K.S.Harish, learned Additional Government Advocate for respondent Nos.1 to 7 and Sri H. Shanthi Bhushan, learned Deputy Solicitor General of India representing respondent No.8.

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This Court on 03.11.2023, directed the respondents to inspect the premises and report the same before the Court. The inspection report reads as follows:

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“Licence No.Licensed in LE-5:E/SM/KA/24/3(E88668) Valid upto 31.03.2024.

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Date of Inspection 05.11.2023

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Fireworks shop may be allowed to operate with following conditions

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1. Stock registered shall be maintained.

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2. Two numbers of fire extinguishers (DCP Type – 10 Kg each) along with two numbers of sand buckets and water buckets shall be provided in the premises.”

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“Licence No.Licensed in LE-3(SH)E/SM/KA/SH/4 (E88670) Valid upto 31.03.2024.

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Date of Inspection 05.11.2023

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Fireworks Store House may be allowed to operate with following conditions

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1. Storage area in storehouse shall be restricted within 12 sq. M to 40 sq. M in accordance to Specification 3(3)(3) of Schedule VII. Storage area shall be maintained 15 M from any fireworks shop or other store house.

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2. Stock registered shall be maintained.

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3. Two numbers of fire extinguishers (DCP Type – 10 Kg each) along with two numbers of sand buckets and water buckets shall be provided in the premises.”

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Since the issue in the lis are identical to the issue

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brought before this Court in W.P.No.24183/2023, disposed on 06.11.2023, the findings recorded in W.P.No.24183/2023,

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would stand covered the issue on all its fours. The order reads as follows:

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“10. Before embarking upon the consideration of the issue in the lis, I deem it appropriate to notice the provisions of the Act and Rules framed thereunder, under which the licenses are granted for vending crackers/fire workers. The relevant Sections of the Act read as follows:

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“ 6B. Grant of licences .—

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(1) Where a person makes an application for licence under Section 5, the authority prescribed in the rules made under that section for grant of licences (hereinafter referred to in this Act as the licensing authority), after making such inquiry, if any, as it may consider necessary, shall, subject to the other provisions of this Act, by order in writing either grant the licence or refuse to grant the same.

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(2) The licensing authority shall grant a licence—

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(a) where it is required for the purpose of manufacture of explosives if the licensing

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authority is satisfied that the person by whom licence is required—

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i) possesses technical know-how and experience in the manufacture of explosives; or

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ii) has in his employment or undertakes to employ a person or persons possessing such technical know-how and experience; or

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(b) where it is required for any other purpose, if the licensing authority is satisfied that the person by whom licence is required has a good reason for obtaining the same.

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6F. Appeals .—

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(1) Any person aggrieved by an order of the licensing authority refusing to grant a licence or varying the conditions of a licence or by an order of the licensing authority suspending or revoking a licence may prefer an appeal against that order to such authority (hereinafter referred to as the appellate authority) and within such period as may be prescribed:

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PROVIDED that no appeal shall lie against an order made by, or under the direction of, the Central Government.

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(2) No appeal shall be admitted if it is preferred after the expiry of the period prescribed therefor:

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PROVIDED that an appeal may be admitted after the expiry of the period prescribed therefor if the appellant satisfies the appellate authority that he had sufficient cause for not preferring the appeal within that period.

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(3) The period prescribed for an appeal shall be computed in accordance with the provisions of the Limitation Act, 1963 (36 of 1963), with respect to the computation of periods of limitation thereunder.

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(4) Every appeal under this section shall be made by a petition in writing and shall be accompanied by a brief statement of the reasons for the order appealed against where such statement has been furnished to the appellant and by such fee as may be prescribed.

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(5) In disposing of an appeal the appellate authority shall follow such procedure as may be prescribed:

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PROVIDED that no appeal shall be disposed of unless the appellant has been given a reasonable opportunity of being heard.

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(6) The order appealed against shall, unless the appellate authority conditionally or unconditionally directs otherwise, be in force pending the disposal of the appeal against such order.

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(7) Every order of the appellate authority confirming, modifying or reversing the order appealed against shall be final.

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9B. Punishment for certain offences .—

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(1) Whoever, in contravention of rules made under Section 5 or of the conditions of a licence granted under the said rules—

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a) manufactures, imports or exports any explosive shall be punishable with imprisonment for a term which may extend to three years, or with fine which may extend to five thousand rupees, or with both;

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b) (b) possesses, uses, sells or transports any explosive shall be punishable with imprisonment for a term which may extend to two years or with fine which may extend to three thousand rupees or with both; and

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c) (c) in any other case, with fine which may extend to one thousand rupees.

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(2) Whoever in contravention of a notification issued under Section 6 manufactures, possesses or imports any explosive shall be punishable with imprisonment for a term which may extend to three years or with fine which may extend to five thousand rupees or with both; and in the case of importation by water, the owner and master of the vessel or in the case of importation by air, the owner and the master of the aircraft, in which the explosive is imported shall, in the absence of reasonable excuse, each be punishable with fine which may extend to five thousand rupees.

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(3) Whoever,—

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a) manufactures, sells, transports, imports, exports or possesses any explosive in contravention of the provisions of clause (a) of Section 6-A; or

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b) sells, delivers or despatches any explosive in contravention of the provisions of clause (b) of that section,

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shall be punishable with imprisonment for a term which may extend to three years or with fine or with both; or

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c) in contravention of the provisions of Section 8 fails to give notice of any accident shall be punishable,—

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i) with fine which may extend to five hundred rupees, or

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ii) if the accident is attended by loss of human life, with imprisonment for a term which may extend to three months or fine or with both.”

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Relevant Rules of the Rules read as follows:

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“ CHAPTER VII

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SPECIAL PROVISIONS FOR POSSESSION, SALE AND USE OF EXPLOSIVES

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XXXX

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85. Special precautions to be observed for fireworks

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(1) Subject to other provisions of this rule, fireworks shall not be placed or kept a shop window used for display of goods.

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(2) Fireworks in the shop shall be kept in a spark proof receptacle, or the original outer packet in which they were received if that package is effectively sealed and in good order and condition.

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(3) A receptacle or package containing fireworks shall be kept in a position away from and clear of shop traffic to be separated from all articles of a flammable or combustible nature.

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(4) Where a package containing fireworks is opened for sale, the fireworks shall immediately be placed in a clean, dust free and spark proof receptacle.

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86. Safety distances to be maintained

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(1) Factory or magazine

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The factory licensed for manufacture or magazine licensed for possession, sale or use of explosives shall maintain safety distance specified in Schedule VIII and condition of licence, as the case may be.

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(2) Storehouse

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The storehouse licensed for possession of fireworks '[xxx] shall maintain safety distance of three metres from protected works and minimum fifteen metres from any such premises or any other premises used for storage of similar explosives, flammable or hazardous materials.

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(3) Shop

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The shop licensed for storage and sale of small arms nitro-compound, fireworks or safety fuse shall be at a distance of minimum fifteen metres from any such premises or any other premises used for storage of similar explosives, flammable or hazardous materials.”

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“CHAPTER VIII

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GRANT OR REFUSAL OF APPROVAL, NO OBJECTION CERTIFICATE LICENCE, CERTIFICATES, AMENDMENT, TRANSFER AND RENEWAL

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XXXX

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113. Documents for approval and grant of licence:

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Xxxx

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*15.* *Licence to possess* *and sale from a shop* *at any one time, not* *exceeding* *100* *kilogrammes* of *manufactured* *fireworks of Class 7,* *Division* 2, *sub-* *division 2 and 500* *kilogrammes* of *[Chorsa] crackers or* *sparklers*	5(b)	LE- 5	Not necessary as per sub- rule (4) of Rule 101.	(v) Form AE-5; (ii) Plans of the shop showing storage capacity. Approach road, surrounding facilities specifically indicating compliance of sub- rule (3) of Rule 86; (iii) Passport size photograph of the _occupier along with _

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documentary
evidence of
nomination as
occupier as per Rule
2;
(iv) Licence fee as
per Schedule IV,
Part 2.
[(v) Copies of
documents in
support of rightful
possession of the
premises.

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*19.*	*Licence to possess and* *sale* *from* a *shop* *manufactured* *fireworks of Class 7,* *Division* 2, *sub-* *division (2) exceeding* *100 kilogrammes but* *not* *exceeding* *300* *kilogrammes* *and[Chorsa]* *crackers* or *sparklers* *excee-* *ding 500 kilo-grammes* *but* *not* *exceeding* *1200 kilogrammes.*	5(f)	LE- 5	Not necessary as per sub-rule (4) of Rule 101.	(v) Form AE- 5; (ii) Plans of the shop showing storage capacity, approach road, surrounding facilities specifically indicating compliance of sub-rule (3) of Rule 86; (iii) Passport size photograph of the occupier along with documentary evidence of nomination as occupier as per Rule 2; (iv)[ * ] (v) Licence fee as per Schedule IV, Part 2. [(vi) Copies of documents in support of rightful possession of the premises.”

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SCHEDULE IV Part 1 (Refer rule 99) LICENCES AND LICENSING AUTHORITIES

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“5 (a) Licence to possess and sell from a shop, at any LE-5 District
one time, not exceeding 25 kilogrammes of small Magistrate
arms nitro-compound
(b) Licence to possess and sell from a shop, at any LE-5 District
one time, not exceeding 100 kilogrammes of Magistrate
manufactured fireworks of Class 7, Division 2,
sub-division 2; and 500 kilogrammes of [Chorsa]
crackers or sparklers
(c) Licence to possess and sell from a shop, at any LE-5 District
one time, not exceeding 2000 numbers of Magistrate
pyrotechnic device explosives of Class 6 Division
1
(d) Licence to possess for use Gunpowder not LE-5 District
exceeding 5 kilogrammes and safety fuse not Magistrate
exceeding 50 metres in the States of Bihar, West
Bengal, Kerala and Tamil Nadu
(e) Licence to possess for use of small arms nitro- LE-5 District
compound not exceeding 5 kilogrammes in the Magistrate
State of Kerala
(f) Licence to possess and sell from a shop LE-5 Controller
manufactured fireworks of Class 7 Division 2 of
sub-division 2 exceeding 100 kilogrammes but Explosives”
not exceeding 300 kilogrammes, and [Chorsa]
crackers or sparklers exceeding 500
kilogrammes but not exceeding 1200
kilogrammes

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“LICENCE FORM LE-5

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[See article 5(a) to (f) of Part 1 of Schedule IV of the Explosives Rules, 2008]

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“Licence to

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(a) possess and sell from a shop, at any one time, not exceeding 25 kilogrammes of small arms nitro- compound; or

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(b) possess and sell from a shop, at any one time, not exceeding 100 kilogrammes of manufactured fireworks of Class 7, Division 2, sub-division 2 and 500 kilograms of [Chorsa crackers] or sparklers; or

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NC: 2023:KHC:39423 WP No. 24186 of 2023

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(c) possess and sell from a shop, at any one time, not exceeding 2000 numbers of pyrotechnic device explosives of Class 6 Division 1; or

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(d) possess for use gunpowder not exceeding 5 kilogrammes and safety fuse not exceeding 50 metres in the States of Bihar, West Bengal, Kerala and Tamil Nadu; or

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(e) possess for use of small arms nitro-compound not exceeding 5 kilogrammes in the State of Kerala; or

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(f) possess and sell from a shop manufactured fireworks of Class 7, Division 2, sub-division 2 exceeding 100 kilogrammes but not exceeding 300 kilogrammes, and [Chorsa crackers] or Sparklers exceeding 500 kilogrammes but not exceeding 1200 kilogrammes.”

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(Emphasis supplied)

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Section 6B of the Act permits an applicant to prefer an application seeking license under Section 5 of the Act. Section 6F deals with appeals to be preferred by a person aggrieved by an order of the licensing authority. Section 9B of the Act deals with punishment for contravention of the terms of the license or the Rules made under the Act. Rules are framed as empowered under the Act. Chapter VII deals with special provisions for possession, sale and use of explosives. Rule 85 of the Rules deals with special precautions to be observed for fireworks by the person dealing with the business of fireworks. Rule 86 directs safety distances to be maintained between factory, storehouse or a shop from any residential premises. Chapter VIII of the Rules deals with grant or refusal of approval or renewal of licenses. Schedule IV depicts licenses and licensing authorities. Clause 5 of Schedule IV form the fulcrum of the issue in the lis, who are the licensing authorities and the licenses to be possessed by the shop owners qua the quantity of storage of fireworks is depicted under the aforesaid clause. The licensing authority for grant of license for sale of fire crackers at any one time, not exceeding 100 Kgs. of manufactured fireworks and 500 Kgs. of crackers or sparklers is the District Magistrate / Deputy Commissioner. In an application which seeks to sell from a shop manufactured fireworks exceeding 500 Kgs. but not exceeding 1200 Kgs., the licensing authority is the Controller of Explosives. In the

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case at hand, the issue requires consideration in terms of the afore-quoted statutory provisions.

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11. It is made clear that the Deputy Commissioners who are left, right and centre granting licenses for storage beyond 600 kgs. shall hold their hands henceforth, in not granting reckless licenses for extraneous reasons as is alleged by the learned counsel for the petitioner.

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12. Insofar as the safety measures in the vending area, this Court had directed an inspection to be caused by the Department of Explosives represented by the Deputy Solicitor General of India. He has caused inspection along with the officials of the State Government and has filed a report before this Court. The observations in the report is certain lacunae in the stockyard and storehouse and if corrected, the petitioner could be permitted to operate. The report of inspection reads as follows:

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”Licence No. Licensed in LE-5:E/SM/KA/24/5(E88150) Valid upto 31.03.2024, date of Inspection 05.11.2023

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xxxxxxx

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Fireworks shop may be allowed to operate with following conditions:

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1. Stock registered shall be maintained.

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2. Two numbers of fire extinguishers (DCP Type – 10 kg each) along with two numbers of sand buckets and water buckets shall be provided in the premises.”

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“Licensed in LE-3 (SH) E/SM/KA/SH/6(E88155) valid upto 31.03.2024

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xxxxx

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Fireworks Store House may be allowed to operate with following conditions

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1. Storage area in storehouse shall be restricted within 12 sq. M to 40 sq. M in accordance to Specification 3(3)(3) of Schedule VII. Storage area shall be

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NC: 2023:KHC:39423 WP No. 24186 of 2023

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maintained 15 M from any fireworks shop or other store house.

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2. Stock registered shall be maintained.

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3. Two numbers of fire extinguishers (DCP Type – 10 Kg each) along with two numbers of sand buckets and water buckets shall be provided in the premises.”

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The report of inspection is that, there is not even a fire extinguisher in the storehouse; water buckets are not kept in the premises, all of which are necessary under the Act, Rules or the Schedules appended to the Rules. Therefore, the petitioner is to be given liberty to set the lacunae right and then commence his vending.

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13. The vendors holding licenses for fireworks granted either by the Deputy Commissioner / District Magistrate or the Controller of Explosives shall bear in mind the following:

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a. Application for storing fireworks i.e., crackers or sparklers beyond 600 kgs., the Deputy Commissioner shall not grant license. The Deputy Commissioner are admonished to be held accountable if the licenses are granted contrary to the Act, Rules or Schedules to the Rules.

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b. Every licensee shall maintain safe distance as is depicted under the Act from the storehouse to any residential premises or place of inhabitants, failing which, the Officers who are responsible for grant of such licenses and inspection of storehouse will be held responsible.

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c. Adequate number of fire extinguishers of adequate kilograms shall find place in any storehouse, where crackers / fire workers or sparklers are stored and sold.

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d. Buckets of water as is necessary under the Rules shall also be a part of the storehouse.

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e. While construction of a shop, the licensee shall bear in mind the following:

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Rules	Requirement	Observations	Remarks
*Construction* *of shop.* 83(2)	The shop shall be constructed of a brick, stone or concrete and the shop shall be closed and secured so as to prevent unauthorized person from having access thereto.	The shop was constructed of a brick, stone and have locking facility to prevent unauthorized person from having access thereto.	Comply with the rules
83(3)	The premises shall have storage area not less than nine square meters and not more than twenty five square meters.	Floor area/storage area of the fireworks shop is more than the specified range.	comply with the rules
83(4)(a)	The shop shall be located on the ground floor of a building completely separated from other parts of the building by substantial walls having independent entrance and emergency exit from open air and having doors opening outwards, if applicable;		comply with
83(4)(b)	The shop shall not be situated in the sub-level or basement or mezzanine floor;	The shop is standalone single storey building	the rules
83(4)(c)	The shop shall not be situated under the upper floor used for the purpose of dwelling;	having no upper floor. The shop is not situated under or nearby any staircase or lift. Emergency exit
83(4)(d)	The shop shall not be situated under or nearby any staircase or lift;	door / gate was provided.
83(4)(e)	The shop shall be accessible for firefighting;	Shop is accessible for fire fighting.	comply with the rules

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83(4)(f)	The shop shall have no electrical apparatus or battery or oil lamp or similar equipments capable of producing spark or ignition and all electrical wiring in the shop be fixed and effectively sealed or conduited or mechanically protected; the main switch or circuit breaker be provided at the immediate accessible position outside the premises.	Electrical apparatus or battery or oil Comply lamp or similar equipments capable of producing spark or ignition was not found in the shop. Conduited electrical wiring was found in the shop. main switch was found provided at the immediate accessible position outside the premises	comply with the rules
*Storage* of *explosives* *in excess of* *the licensed* *quantity.* 74(1) 74(2)	The quantity of any kind of explosives kept in the in any licensed magazine or storehouse shall not exceed the quantity entered in the. licence against such kind of explosives. Notwithstanding anything contained in sub-rule(1), the licensing authority may issue a permit for a period not exceeding fifteen days, on receipt of the such fees as days, on receipt of the such fees as prescribed under Part-2 of Schedule IV, to a licensee for storage of explosives in excess of the licensed quantity when such authority is satisfied that such excess storage is essential and unavoidable due to circumstances beyond the control of	Quantity of fireworks stored in the licence premises was not found within licensable quantity. In accordance Schedule IV Part 1 point 5(b), Deputy Commissioner & District Magistrate is delegated power to grant licence "Licence to possess and sell from a shop, at any one time, not exceeding 100 kilogrammes of manufactured fireworks of Class 7, Division 2, sub- Division 2; and 500 kilogrammes of chinese crackers or sparklers"	Do not comply with the rules

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the licensee:
Provided that	such
excess storage	shall
not exceed one of the lic quantity.	third ensed

¶169

If the aforesaid is observed, it would be strictly in consonance with law. Public safety and public interest requires these norms to be adhered by any shop that would vend fireworks or crackers. It would be the responsibility of the licensing authority, be it the Controller of Explosives or the State Government to randomly inspect and take appropriate action against the licensee of the storehouses / shop with regard to the violations if any, to what is aforesaid.

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14. Learned counsel for the petitioner submits that if the premises is unlocked, the aforesaid lacunae as indicated in the inspection report would be attended and corrected forthwith. The submission is placed on record.”

¶171

Therefore, the issues as answered by this Court supra

¶172

and in the light of the issues standing covered on all its fours,

¶173

the writ petition stands disposed on the very same findings and the observations.

¶174

For the aforesaid reasons, the following:

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ORDER

¶176

a. The writ petition is disposed.

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b. The State – respondent No.7 shall forthwith unlock the premises and permit the petitioner to correct the lacunae that is found in the inspection report and as noted supra , within 24 hours from now.

¶180

c. A compliance report shall be placed before the State Government and respondent No.8 by the petitioner once the corrective measures are taken and completed and only after that, the State Government shall permit the petitioner to continue the business of selling the crackers in the said premises.

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d. It is made clear that the business would commence after the compliance report being submitted before the State Government and its acceptance by them.

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Sd/JUDGE

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NVJ List No.: 1 Sl No.: 63

M/S Sri Balaji Traders, v. Director General and Inspector

Case brief

What is this about?

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M/S Sri Balaji Traders, v. Director General and Inspector

Case brief

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What did the court decide?

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