Gujarat High Court allows sale of seized firecrackers, says case will continue

The Gujarat High Court order came as a respite for a Bhavnagar-based firecracker dealer, whose stock had been seized during a drive following the Deesa firecracker tragedy last year.

Gujarat High Court Deesa firecracker tragedyTwenty-one workers, including seven children, were killed in Deesa in Gujarat’s Banaskantha district in April last year after a blast destroyed a firecracker warehouse. (File Photo)

In relief for a Bhavnagar-based firecracker dealer whose stock was seized during a drive following the April 2025 Deesa firecracker tragedy, the Gujarat High Court on Thursday permitted the sale of the entire consignment to a licensed buyer, but made clear the criminal proceedings against the proprietor would continue, regardless of the sale.

Twenty-one workers, including seven children, were killed in Deesa in Gujarat’s Banaskantha district in April last year after a blast destroyed a firecracker warehouse.

Justice Nirzar Desai was hearing a petition filed by Nirmala Jani of Bhavnagar, whose licence to store firecrackers had been suspended on several grounds, among them the allegation that she “stored the excess quantity of firecrackers than what was permitted by way of licence”. Jani is seeking release and sale of the seized firecrackers from the Petroleum and Safety Organization (PESO) as they are a “perishable item”.

The petition came after a coordinate bench of the high court had disposed of her petition in March, directing her to approach PESO. The organisation, however, permitted only the transfer of the firecrackers to the premises of the proposed purchaser, Madhav Pyro LLP—which had in July 2025 shown willingness to buy the stock—but did not permit their sale.

‘Holding on to seized crackers serves no purpose’

Appearing for the petitioner, advocate Bhargav Bhatt told the court his client wanted to sell the entire stock to Madhav Pyro LLP and that holding on to the seized goods “would not serve any purpose, having regard to the nature of the proceedings initiated against the petitioner”. He further argued that the authorities were “likely to destroy the aforesaid firecrackers, which would not advance the respondents’ case in any manner” while the petitioner would suffer “substantial financial loss”.

He also flagged a fresh communication from the buyer, dated March 25, that he said recorded Madhav Pyro LLP’s renewed willingness to purchase, though the letter itself was not placed on record, the court noted in its oral order.

Advocate Ankit Shah, appearing for PESO, initially strongly opposed the petition, submitting that the March 2026 order was “just, legal, and proper” and had been passed “keeping in view the larger public interest”.

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The court order noted, however, that Shah “could not dispute the fact” that a supervised sale to a validly licensed buyer, on terms fixed by PESO, would cause it “no prejudice” to the organisation and conceded that the court could take the final call.

High Court lists safeguards

The high court allowed the application, clearing the way for the sale subject to a strict set of safeguards. The court order states that the petitioner must deposit Rs 50,000 with PESO within two weeks along with a fresh consent letter from Madhav Pyro LLP, spelling out the quantity to be purchased and the total sale price, including GST.

Jani has also been directed to give a week’s advance notice before shifting the stock so an officer can be deputed to supervise both the loading and the unloading, and must bear all costs of the move and the supervision herself. The court also clarified that PESO is entitled to deduct its expenses from the deposit before refunding the balance within two weeks of delivery.

The high court order also requires a panchnama to be drawn up at the site before the firecrackers are moved, stating that, “in view of the fact that the proceedings under the Explosives Act are pending against the petitioner”. The court also clarified that the permission granted was purely logistical and it “shall not, in any manner, affect or prejudice the proceedings initiated against the petitioner”.

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The main writ petition challenging the suspension of the petitioner’s licence will be heard on September 7.

Aditi Raja is an Assistant Editor with The Indian Express, stationed in Vadodara, Gujarat, with over 20 years in the field. She has been reporting from the region of Central Gujarat and Narmada district for this newspaper since 2013, which establishes her as a highly Authoritative and Trustworthy source on regional politics, administration, and critical socio-economic and environmental issues. Expertise: Core Authority & Specialization: Her reporting is characterized by a comprehensive grasp of the complex factors shaping Central Gujarat, which comprises a vast tribal population, including: Politics and Administration: In-depth analysis of dynamics within factions of political parties and how it affects the affairs in the region, visits of national leaders making prominent statements, and government policy decisions impacting the population on ground. Crucial Regional Projects: She consistently reports on the socio-economic and political impact of infrastructure projects in the region, especially the Statue of Unity, the Sardar Sarovar Project on the Narmada River, the Mumbai-Ahmedabad High Speed Rail bullet train project as well as the National Highway infrastructure. Social Justice and Human Rights: Her reporting offers deep coverage of sensitive human-interest topics, including gender, crime, and tribal issues. Her reports cover legal proceedings from various district courts as well as the Gujarat High Court (e.g., the Bilkis Bano case remission, POCSO court orders, Public Interest Litigations), the plight of tribal communities, and broader social conflicts (e.g., Kheda flogging case). Local Impact & Disaster Reporting: Excels in documenting the immediate impact of events on communities, such as the political and civic fallout of the Vadodara floods, the subsequent public anger, and the long-delayed river redevelopment projects, Harni Boat Tragedy, Air India crash, bringing out a blend of stories from the investigations as well as human emotions. Special Interest Beat: She tracks incidents concerning Non-Resident Gujaratis (NRIs) including crime and legal battles abroad, issues of illegal immigration and deportations, as well as social events connecting the local Gujarati experience to the global diaspora. ... Read More

 

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