2013 (1) TMI 1027 - SC - Indian Laws

Summary

Issues Involved:
1. Allegations against the petitioners regarding the recovery of explosive substances.
2. Petitioners' claims for bail and their defenses.
3. Prosecution's evidence and arguments against granting bail.
4. Court's decision on the bail applications.

Summary:

1. Allegations against the petitioners regarding the recovery of explosive substances:
The FIR No.546 was registered on 21.6.2011 at Police Station CCS, Port Blair, based on a complaint by H.L. Tiwari. It was alleged that a cargo ship, Gati Zipp, carried cartons shipped by VMR Shipping Agency containing unauthorized substances. The raiding party found cartons containing gelatine sticks, electronic detonators, and ammonium nitrate. The petitioners were arrested following further investigations revealing their involvement.

2. Petitioners' claims for bail and their defenses:
- S. Namochivayama: Claimed to run a grocery shop and denied involvement with the explosive substances.
- N. Kannapan, R. Chidambaram, and Sanjay Choudhary: Asserted they were genuine quarry operators with valid licenses and used explosives legally issued by the Andaman Public Works Department. They contended their detention was prolonged due to successive supplementary chargesheets and argued for bail based on their extended jail time and lack of direct recovery of explosives from their premises.

3. Prosecution's evidence and arguments against granting bail:
- S. Namochivayama: Alleged to be the distributor of ammonium nitrate, gelatine sticks, and electronic detonators, and considered the kingpin of the activity. Evidence included statements from G.S. Babu and the driver, linking him to the consignment.
- N. Kannapan: Linked through statements under Section 164 Cr.P.C., call details, and unauthorized use of ammonium nitrate for quarrying. The clandestine transportation of explosives was highlighted.
- R. Chidambaram: Evidence showed he used more explosives than officially issued, indicating unauthorized procurement. Statements under Section 164 Cr.P.C. and financial transactions supported his involvement.
- Sanjay Choudhary: Similar to R. Chidambaram, with evidence of unauthorized use of ammonium nitrate and financial transactions linking him to the illegal activity.

4. Court's decision on the bail applications:
The Court found prima facie material establishing the petitioners' involvement in violating the Explosive Substances Act, 1908. Given the serious consequences and the potential for interference with the trial, the Court declined the bail applications. The Court directed the prosecution to first examine the material witnesses and allowed the petitioners to file fresh bail applications after this examination. The impugned orders by the High Court were affirmed.

Conclusion:
The petitions were disposed of with directions for the prosecution to prioritize examining material witnesses, and the petitioners were permitted to reapply for bail post this examination. The observations made would not prejudice the trial's outcome.