AMAR CHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) On Tatgarh Road, A.S.P., Beawar checked Jeep No. RNZ 4003, which was standing unattended and broke open the locks in the presence of witnesses and found some explosive substance in the vehicle. After investigation a challan was filed against the petitioner and then, charge under Sections 5 and 6 of the Explosive Substances Act was framed.

(2.) The learned counsel for the petitioner has challenged this order and contended that he is a licence holder for dealing in explosive substances and he can also use as well as sell these substances. According to the learned counsel for the petitioner no offence is made out as the petitioner was carrying explosive substances in accordance with the terms of licence. It is not necessary to go into all these details because there is no compliance of Sec. 7 of the Act, which requires that trial of a person for any offences under the Act can proceed only with the consent of the Central Government. The record does not show that such a sanction has been obtained and in absence of compliance of Sec. 7 of the Act the trial can not proceed.

(3.) This petition is accepted and the proceedings before the lower Court are quashed.