Delhi High Court tells police: Ensure provisions of Explosives Act are followed

The Delhi High Court has directed the Delhi police to ensure that various provisions of the Explosives Act, 1884 and the Explosive Rules, 2008 are strictly adhered to after a plea was filed alleging that the city police is not complying with the requirements that the sheds for possession and sale of fireworks shall be at a distance of at least three metres from each other and 50 meters from any protected area. A bench of Acting Chief Justice Gita Mittal and Justice C Harishankar dsiposed off the petition while directing the the Delhi police to ensure that the provisions of the Acts are adhered. The directions from the court came after a plea was filed by Jai Hind Sewa Kendra, an NGO which alleged that while inviting applications for issuance of licenses for sale of fire crackers, the Delhi police is not complying with the requirement of Rule 84 of the Explosives Rules, 2008 and more particularly the mandate of sub-rule of Rule 84 of the Explosives Rules, 2008. Rule 84 (2) of the Explosives Rules 2008 empowers the District Magistrate to issue temporary licenses for possession and sale of fireworks in a temporary shop provide that, "The sheds for possession and sale of fireworks shall be at a distance of at least three meters from each other and 50 meters from any protected area. "It cannot be denied that the statutory mandate as well as the stipulations of the Rules framed thereunder have to be strictly adhered to and complied with," the court said in its order. Earlier this month, the Supreme Court lifted its order of suspending the permanent licences for sale and retail of firecrackers within the National Capital Region (NCR) "for the time being" .

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