STATE OF MADHYA PRADESH Vs. BHUPENDRA SINGH

JUDGEMENT

(1.) Leave granted.

(2.) The respondent was apprehended on 17th February, 1977 and it is the case of the appellant that detonators were found in his possession. A charge-sheet was filed against him under the provisions of Sections 4 and 5 of the Explosive Substances Act, 1908 ('the said Act'). Cognizance was taken and the trial proceeded to some extent. The respondent then filed a revision petition before the High Court of Madhya Pradesh contending that the consent of the Central Government which was requisite under Section 7 of the said Act had not been properly obtained. The High Court accepted the respondent's contention and quashed the proceedings against him. The State of Madhya Pradesh is in appeal.

(3.) For a prosecution under the said Act, the consent of the Central Government is requisite by virtue of the provisions of Section 7 thereof. By notification dated 2nd December, 1978 the Central Government entrusted to District Magistrate, inter alia, in the State of Madhya Pradesh its functions under Section 7 of the said Act.