2014 (9) TMI 969 - HC - Customs

Import of Chinese crackers - prohibited to import - Writ petitioner wants a writ of mandamus directing the respondents 1 to 12, to strictly enforce the third respondent s circular in No. 17 (10) 2007 - Explosives, dated 5-3-2010 and further direct the respondents 2 to 11, seize all illegally imported explosives items (particularly Chinese crackers) and destroy the same as per the Explosive Act. - Held that - the concerned authorities especially respondents 8 to 10 should strictly oversee as to whether safety procedures to be adopted in the Industry are followed by the companies by periodical inspection to avoid any fire accident. In the manufacture, the workers have to deal with Chemicals and they are continuously exposed to the Chemicals which may cause many diseases including skin and respiratory diseases. Hence, the respondents 5, 8, 9 and 10 are directed to give appropriate directions to the 15th Respondents Association to follow the Rules strictly. Consequently, the 15th respondent is also directed to follow the Rules. This direction is issued to do complete justice taking into consideration of the condition of the Fire Works Industry and the problems of the workers in toto. Our Country is facing threats from extremists, fundamentalists and other outfits/organizations endangering safety and security of the nation and lives of the people. We don t know in which way, form, shape, method danger would appear and destroy. Therefore, we should not give any room or avenue or loophole for dangerous things to happen. Unless our borders/entry points are made fool proof by installation of advanced mechanism, there is no respect for the patriotism exhibited by our brothers, viz., Army men, who are fighting not only against enemies but also against odd weather in Kargil, Siachin and in other borders. Considering the lapse of the police even in this type of important and serious case and seizure of illegal Chinese crackers in various states, it is desirable and appropriate to transfer the case to CBI. Even if the investigation is over, the case shall be transferred to CBI, which shall re-investigate the case and proceed in accordance with law.

Issues Involved:
1. Enforcement of the circular by the third respondent.
2. Seizure and destruction of illegally imported Chinese fireworks.
3. Inaction and delay by authorities in registering FIR and taking necessary actions.
4. Transfer of investigation to CBI.
5. Coordination among various government agencies.
6. Adequacy of safety measures at ports and airports.
7. Legal compliance by fireworks manufacturers and safety of workers.

Detailed Analysis:

1. Enforcement of the Circular by the Third Respondent:
The petitioner sought a writ of mandamus to enforce the third respondent's circular and to seize and destroy illegally imported Chinese fireworks. The court noted the importance of strict enforcement of the circular to prevent the entry and sale of dangerous and prohibited fireworks.

2. Seizure and Destruction of Illegally Imported Chinese Fireworks:
The court highlighted the illegal import and sale of Chinese fireworks, which pose a threat to public safety and the local fireworks industry. It was noted that these fireworks contain prohibited chemicals that are volatile and hazardous. The court directed the authorities to conduct raids, seize, and destroy all such fireworks as per the Explosives Act and Rules.

3. Inaction and Delay by Authorities in Registering FIR and Taking Necessary Actions:
The court criticized the delay and inaction by the police in registering the FIR and taking necessary steps after the seizure of Chinese fireworks. The FIR was registered three days after the seizure, despite media reports and a complaint by the Tamil Nadu Fireworks & Amorces Manufacturers Association. The court found the police's explanation for the delay to be false and indicative of collusion.

4. Transfer of Investigation to CBI:
Given the national security implications and the involvement of organized groups in the illegal import of Chinese fireworks, the court deemed it appropriate to transfer the investigation to the CBI. The court referenced several Supreme Court judgments to support its decision to transfer the case for a thorough and impartial investigation.

5. Coordination Among Various Government Agencies:
The judgment highlighted the lack of coordination among various government agencies, which allowed the illegal import of Chinese fireworks. The court emphasized the need for better communication and cooperation among agencies to prevent such illegal activities and ensure national security.

6. Adequacy of Safety Measures at Ports and Airports:
The court noted the inadequacy of safety measures at ports and airports, where only a small percentage of containers are inspected. The court directed the installation of advanced scanning systems, such as mobile gamma ray scanners and drive-through container scanners, to improve the detection of prohibited items and ensure thorough inspections.

7. Legal Compliance by Fireworks Manufacturers and Safety of Workers:
The court expressed concern over the frequent fire accidents in Sivakasi's fireworks factories and the health hazards faced by workers. The court directed the authorities to ensure strict compliance with safety regulations and to conduct regular inspections to prevent accidents and protect workers' health.

Conclusion:
The court allowed the writ petition with specific directions to transfer the investigation to the CBI, conduct periodical inspections and seizures of Chinese fireworks, and ensure compliance with safety regulations by fireworks manufacturers. The court emphasized the need for better coordination among government agencies and the installation of advanced safety measures at ports and airports to prevent the illegal import of dangerous items.

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