Nagpur: The Nagpur bench of Bombay high court on Wednesday directed the police to seize stocks of firecrackers capable of producing noise exceeding 55 decibels (dB). Deputy commissioner of police (DCP), Zone III, was tasked with removing such firecrackers from the market after petitioners submitted photos of illegal firecrackers being sold.On Nov 3, TOI had reported about such firecrackers flooding the markets and being sold by many shops at different places.During the hearing, amicus curiae Abdul Subhan presented photographs of firecracker shops in Gandhibagh allegedly selling high-decibel crackers. He also brought to the court’s notice violations of the mandatory three-metre distance between firecracker stalls. The next hearing has been scheduled for Nov 30.The direction came during the hearing of a batch of public interest litigations concerning noise and environmental pollution and compliance with firecracker regulations. The court also examined the enforcement measures undertaken by Nagpur police ahead of Diwali.The police informed the court that action had been initiated against 10 violators under Section 223 of Bharatiya Nyaya Sanhita (BNS). The court was not satisfied with the existing licensing conditions imposed on firecracker shops and sought stricter compliance with the statutory provisions governing their operation.The court pointed out that the notice issued by the DCP, on the directions of the commissioner of police, before granting licences to firecracker shops did not specifically incorporate the requirements under Section 6-D of the Explosives Act, 1884. Police have been asked to address the deficiencies, with the department expected to file a rejoinder detailing the steps taken and the proposed enforcement mechanism.The court also emphasised compliance with Rule 84 of the Explosives Rules, 2008, which lays down safety requirements for temporary firecracker shops. These include maintaining a minimum distance of three metres between sheds and keeping them at least 50 metres away from protected works. The number of temporary shops in a cluster must not exceed 50. Pollution control clearance has also been made a prerequisite for licences.The police affidavit submitted by DCP (Special Branch) Dr Sandip Pakhale detailed several measures, including allowing the sale of green firecrackers only and imposing a complete ban on joined or series crackers. The court was also informed that 363 awareness programmes have been conducted in schools, colleges and public forums, while a 24-hour police control room facility has been established to receive complaints.The court reiterated the prohibition on bursting firecrackers on public streets and called for effective enforcement rather than relying solely on licensing conditions and public awareness.
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