The Madras High Court today issued a suo motu direction to include as respondents the CBI, Chief Commissioner of Customs and the Controller of Explosives in a PIL seeking a CBI probe into recent seizure of banned Chinese crackers in Sivakasi, the national hub of fireworks industry.
Expressing concern about Chinese crackers reaching the state despite ban on their imports, Justice N Kirubakaran and Justice S Vaidhyanathan of the Madurai Bench of the HC said, "Either they should have come by air or by sea. In any case, Customs officials should have known about it. Even if they had come by giving false declaration, they should have checked the consignment and found out."
During the resumed hearing of the PIL seeking a direction for a CBI probe into the recent seizure of banned Chinese crackers from a godown at Sivakasi in Virudhunagar district, the judges said, "The crackers would not have reached Tamil Nadu just like that without the collusion of the officials."
It was the duty of the officials to find out the consignor and consignee and also if the Chinese crackers had been sold throughout India, the bench said.
It also said the CBI had to be a party to find out how the prohibited Chinese crackers have entered into India as the chain (network of selling Chinese crackers) spreads to other states. "State Police alone cannot do the investigation. For proper adjudication, CBI should be impleaded," it said.
The judges also referred to the warning issued by the Controller of Explosives way back in 2012 itself regarding the availability of the Chinese crackers in the Indian market and about the threat posed by them, and asked what the Customs officials were doing.
They should also be added as respondents, the judges said and asked to central government advocate to get instructions from the respective department.
The judges also directed the Tamil Nadu Police to file a report on how many cases had been registered regarding seizure of Chinese crackers throughout the state and action taken against the accused.
Describing the illegal import and sale of Chinese crackers as an "anti-national activity", the judges also directed the Tamil Nadu Fireworks and Amorces Manufacturers' Association (TANFAMA), who impleaded themselves in the PIL, to file an affidavit regarding the complaints given to the Police.
Petitioner A Muthukrishnan had also sought a direction to the Union Finance Secretary to order inspection of all ports across the country to seize illegally imported explosives.
He also sought a direction to the Chief Controller of Explosives to inspect all premises having explosive licences and destroy the smuggled items.
The petitioner contended that anti-social elements were importing explosives illegally and the authorities were remaining "mute spectators".
