JAVED AHMED MUNSHI Vs. STATE

JUDGEMENT

(1.) The only contention raised in this appeal by learned Counsel for the appellant is that in view of Section 53-A of the Indian Penal Code, which was inserted by Act 26 of 1955, the maximum sentence awardable to an accused convicted under Section 5 of the Explosive Substances Act, 1908 is five years only. It is submitted that the sentence of transportation for 14 years as mentioned in Section 5 of the Explosive Substances Act, 1908 is deemed to have been omitted in view of Section 53-A of the IPC which was introduced by way of Amendment Act 26 of 1955. Learned Counsel for the appellant submits that sentence of 14 years RI and a fine of Rs.30,000 awarded to the appellant by the Trial Court under Section 5 of the Act vide orders dated 28.8.2001 in FIR No.180/1999, PS Hazrat Nizamuddin, is not sustainable and since the appellant has already undergone a sentence of more than five years, he does not wish to make any further submission on the merits of the appeal.

(2.) Vide orders dated 5.5.2005, the learned Additional Solicitor General of India was requested to assist this Court on this question. I have heard learned Counsel for the appellant and learned ASG.

(3.) Learned Counsel for the appellant submits that the Explosive Substances Act, 1908, prior to its amendment in 2002, reads as under: