[VI of 1908]
Section 3—From a bare reading of the depositions of the PWs I to 5, it appears that the damage to property has been caused by arson which has been set on the residential house through spraying petrol and igniting by match stick. The allegation which has been made as to the use of explosive substance only related to throwing of cocktail or petrol bomb, which is also lump allegation, which admittedly could not cause any fire or explosion of such a nature that endangered life or property. Even if it is taken that the convict/appellants threw cocktail or petrol bomb that does not come under the mischief of section 3 of the Explosive Substances Act 1908. Zamir Alil (Md) vs State 59 DLR 433.Section 5—To constitute offence under the aforesaid sections of law possession and control must mean conscious possession and actual control with necessary mens rea. When incriminating articles involving offences under section 19(f) of the Arms Act and section 5 of the Explosive Substances Act are recovered from a place in the occupation or possession of more than one person and it is not possible to fix the liability of any particular individual, the head of the family cannot be held liable for the offences. Kashem vs State 47 DLR 438.