RAM CHANDRA PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the petitioners and Mr. G.P. Jaswal, learned counsel for the State.

(2.) THE present revision application has been preferred against an order dated 22.10.2005 passed by learned 1st Additional Sessions Judge, Muzaffarpur, in S.Tr. No. 441/ 2002. By the aforesaid order the learned Sessions Judge has rejected the application of the defence to stay the trial till appropriate sanction Is taken from the District Magistrate, as contemplated under Explosive Substances Act, 1908.

(3.) THE provision of Section 7 is clear and it puts a complete bar for any trial in relation to an offence under the said Act except with the consent of the District Magistrate. The learned trial court was of the view that the sanction can be obtained at any time before the judgment. I am afraid that such is not the position in respect of Section 7.