MANGILAL MOONDRA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard the learned Counsel for the petitioner and the learned Public Prosecutor for the State.

(2.) This petition under Section 482 of the Criminal Procedure Code, is directed against the order dated 13-11-1992 passed by the learned Chief Judicial Magistrate, Jodhpur, in Criminal Original Case No. 287 of 1991, State v. Mangilal. By the aforesaid order the learned Chief Judicial Magistrate held that the Collector, Jodhpur was competent to grant permission to prosecute the accused for having committed offence punishable under the Explosives Act and, therefore, the accused was not entitled to be discharged on the ground that there was no valid permission under Section 7 of the Explosive Substances Act (1908).

(3.) The facts of the case may be summarised as under. On 12-10-1991 the Station House Officer of Police Station, Sardarpura, Jodhpur conducted a search of the house of the petitioner. During search articles containing explosive substances, were recovered. Total weight of the articles was 1031.500 Kg. The petitioner was granted a licence to possess and sell manufactured fireworks not exceeding 400 Kg. The licence was for the period ending on 31-3-1990. Since on the date of search of his house the petitioner was not possessing a valid licence and the quantity of fireworks possessed by him were in excess of 400 Kg., the police registered a case under Section 4(B) of the Explosive Substances Act, 1908 and after completing the investigation submitted a challan in the Court of the learned Chief Judicial Magistrate, Jodhpur. The learned Judicial Magistrate, Jodhpur took cognizance of the offence punishable under Section 4(B) of the Explosive Substances Act, 1908. On the basis of the report submitted by the Station House Officer of Police Station, Sardarpura, a copy of the sanctions granted by the Collector, Jodhpur was submitted with the challan. The Collector in his order granting sanction for prosecution, relied on the notification No. GPA-5, dated 20-4-1977 issued by the Home Dept.