DINESH PRASAD CHOUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS application has been filed for quashing the order dated 21.5.1998 by which the learned Magistrate has taken cognizance against the petitioner under sections 4 and 5 of the Explosive Substance Act (in short 'the Act ').

(2.) LEARNED counsel for the petitioner has submitted that the person, who made alleged search and seizure, was below the rank of Police Inspector and was not empowered/authorised to make such search under the provisions of Rule 179 of the Explosive Rules, 1983. It has been further submitted that as per provision of the Act no court shall proceed without sanction of the Central Government. However, by the amendment Act 54 of 2001 the Central Government has been substituted by the District Magistrate.

(3.) IN view of above, the seizure and search as well as initiation of proceeding are not sustainable in the eye of law and accordingly, the order 21.5.1998 taking cognizance and the entire criminal proceeding against the petitioner are nearby quashed and this petition is allowed.