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2000 Supreme(SC) 41

S.P.BHARUCHA, S.S.M.QUADRI
State Of M. P. – Appellant
Versus
Bhupendra Singh – Respondent


ORDER

Leave granted.

2. The respondent was apprehended on 17th February, 1977 and it is the case of the appellant that detonators were found in his possession. A charge sheet was filed against him under the provisions of Sections 4 and 5 of the Explosive Substances Act, 1908 ("the said Act"). Congnizance was taken and the trial proceeded to some extent. The respondent then filed a revision petition before the High Court of Madhya Pradesh contending that the consent of the Central Government which was requisite under Section 7 of the said Act had not been properly obtained. The High Court accepted the respondent s contention and quashed the proceedings against him. The State of Madhya Pradesh is in appeal.

3. For a prosecution under the said Act, the consent of the Central Government is requisite by virtue of the provisions of Section 7 thereof. By notification dated 2nd December, 1978 the Central Government entrusted to District Magistrates, inter alia, in the State of Madhya Pradesh its functions under Section 7 of the said Act.

4. The consent for the prosecution of the respondent was granted by the Additional District Magistrate of the district concerned and, in this behalf, r





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