STATE OF RAJASTHAN Vs. HARISH CHANDRA

JUDGEMENT

(1.) THESE revision petitions are being disposed-off by a common order because a common point of law is involved therein.

(2.) THESE revision petitions have been preferred against the orders dated 3. 7. 92 and 29. 7. 92 passed by the learned Addl. Sesions Judge, Beawar in Sessions Case No. 41/90 "state vs. Harish Chandra and Sessions case No. 21/92 State vs. Devi and Others respectively whereby allowing the application filed on behalf of accused non-petitioner (s), the learned Addl. Sessions Judge discharged the accused non-petitioner (s) of the offence under Sec. 5 (1) (9) (b), Explosive Act, 1884 and under Section 5 and 6 of the Explosive Substances Act, 1908, hereinafter referred to as 'the Act' and dropped the trials against them for want of valid sanction for prosecution under Sec. 7 of the Act.

(3.) ON the other hand, Shri Rajesh Kapur and N. K. Singhal learned counsel appearing for accused non-petitioners Devi and Others have vehemently contended that the police after investigation did not submit the prosecution sanction alongwith the challan papers and, as such, the copy of the sanction was not given to the accused non-petitioners. Thus, there was a clear violation of the provisions of Sec. 207 Cr. P. C. As regards the validity of prosecution sanction after perusing the notification dt. 20. 04. 1977 which is published in the Gazette of Govt. of India, they could not put an substantial argument to show that the said sanctions lacky competence or are invalid.