STATE OF CHHATTISGARH Vs. HARISH KUMAR VISHWAKARMA

JUDGEMENT

(1.) The State of Chhattisgarh has preferred this revision under Section 397/401 of the Code' of Criminal Procedure (for short 'the Code') questioning the impugned order dated 31.10.2011 passed by 1st Additional Sessions Judge, Bilaspur in Sessions Trial No. 131/2011 discharging respondent/accused from the charges under Sections 3 & 4 of the Explosive Substances Act, 1908 (henceforth the 'Act, 1908')

(2.) Facts of the case, in brief, are as under:-

(3.) Shri Prasun Bhaduri, learned counsel appearing for the applicant would submit that the impugned order passed by the learned Sessions Judge is apparently contrary to the facts and law available on record. He would further submit that Section 7 of the Act, 1908 has been amended by the Explosive Substances (Amendment) Act, 2001 w.e.f. 11.02.2001 and now the power has directly conferred to the District Magistrate under Section 7 of the Act, 1908 and by virtue of power contained in Section 20 (2)of the Code of Criminal Procedure, Additional District Magistrate is also entitled to exercise power of District Magistrate and, as such, the power exercised by the Additional District Magistrate granting consent for trial of the offences under the Act of 1908 cannot be questioned as without authority of and, as such, the impugned order deserves to be set aside.