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TMI Blog2018 (9) TMI 1914X X X X Extracts X X X X X X X X Extracts X X X X ..... f the petitioner in short is as follows: The petitioner is a trader and importer of ammonium nitrate. Before introduction of the Ammonium Nitrate Rules, 2012, import of the ammonium nitrate can be made without licence. However, after introduction of the said Rule, a licence called P-5 licence is required to be issued by the second respondent for import of ammonium nitrate. The petitioner is already possessing P-3 licence to possess and trade the ammonium nitrate. On 05.08.2015, the petitioner made an application before the second respondent for issuance of P-5 licence. On 19.08.2015, the second respondent rejected the application on the reason that the petitioner being an ammonium nitrate trader, import licence cannot be issued to the pet ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nder, is not inclined to go into those contentions raised on merits and express any view, since this Writ Petition can be disposed of without going into the merits, in view of the fact that the order passed by the first respondent, the impugned order herein, in the considered view of this Court, is a non-speaking one. 5. Heard the learned counsel for the petitioner and the learned Additional Solicitor General appearing for the respondents. 6. I have already expressed that the impugned order of the first respondent is a non-speaking one. The following reasoning and finding would justify my conclusion. 7. Admittedly, the appeal before the first respondent by the petitioner was against the order passed by the second respondent dated 19.08.2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Controller of explosives vide his letter dated 19th August, 2015 had denied the licence on ground of national security. The Appellant is a trader of Ammonium Nitrate and not an actual user. As per Gazette Notification vide S.O.1678(e) dated 21st July 2011, Ammonium Nitrate is an explosive and regulating import of the same on reasonable grounds including security of the country is justified. 10. There is no dispute to the fact that except the above findings, the first respondent has not dealt with the merits of the matter with the facts and circumstances and given his independent reasonings and findings for rejecting the appeal. In all other paragraphs the first respondent has only extracted the facts, leading to the filing of the appeal a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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