BHUPENDRA SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) IN this revision short question is involved whether petitioner's prosecution for an offence under sections 4 and 5 of Explosive Substances Act, 1908 (hereinafter referred to as the' Act') is permissible without the consent provided under section 7 of the Act. Section 7 of the Act provides that no Court shall proceed to the trial of any person for an offence against this Act except with the consent of Central Government.

(2.) LEARNED counsel for the petitioner submitted that in the present case consent is given by Additional District Magistrate, therefore, prosecution of the petitioner is barred. The petitioner cannot be prosecuted without appropriate consent of Central Government.

(3.) COUNSEL for the State submitted that 'District Magistrate' would mean Additional District Magistrate. He invited attention to the definition in section 4 (c) of the Explosives Act, 1884. Section 4 (c) is reproduced below : -