JAGATNARAINUPADHAYA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard counsel for the petitioner.

(2.) The petitioner is charged of offences under Sections 307 and 144 of Indian Penal Code and under Sections 3 and 5 of the Explosive Substance Act. Cognizance has been taken and the" application for discharge of the petitioner has been rejected by the learned Magistrate. He has fixed the date for commitment of the case to the court of sessions by whom the case is exclusively triable.

(3.) It was contended before me that Section 7 of the Explosive Substance Act provides that no court shall proceed to the trial of any person for an offence against the Act except with the consent of the Central Government. Learned counsel for the petitioner stated that the President of India in exercise of his power under Article 258 of the Constitution, has delegated the power to grant consent to the State Governments. He however, submits that the consent given by the District Magistrate is not consent given by the State Government. According to me the consent is required to be given by the State Government must be either expressed in the name of the Governor, or must atleast be given by an officer not below the rank of Secretary to the Government, to whom the power may have been delegated under the Rules of Executive Business framed under Article 166 of the Constitution.