LATIF SHAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application is Under Section 482 of the Code of Criminal Procedure tor quashing order dated 23-12-1986 passed by the learned Sessions Judge, Vaishali at Hajipur in Sessions Trial No. 129 of 1986.

(2.) Prosecution of the petitioners was initiated for offence under sections 4 (b) and 5 of the Explosive Substance Act and Bidupur P. S. Case No. 20 of 1982 was instituted. After submission of the charge sheet and cognizance the case was committed to the court of session and the petitioners were put on trial before the learned Sessions Judge aforesaid.

(3.) By the impugned order at the stage of delivery of judgment the learned Sessions Judge perhaps detected that for trial under the aforesaid offence consent of the Central Government or the appropriate authority was essential under Section 7 of the Act Section 7 of the explosive substance Act reads as follows :