1. This is an application by an under-trial prisoner who has challenged his detention. The facts are these. The petitioner was committed to take his trial in the Court of Session for an alleged offence under Sec. 5, Explosive Substances Act (VI [6] of 1908). Section 7 of that Act lays down that no Court shall proceed to the trial of any person for an offence against this Act except with the consent of the State. Govt. After the case had proceeded to trial & in the course of arguments, it was discovered, that no consent, as required by Section 7 of the Act, had been obtained. The learned Assistant Ses. J. who was conducting the trial, then recorded an order the concluding portion of which runs as follows:

"I hereby quash the proceeding & order that the accused Gopal Krishna Pal be remanded to custody. The case is adjourned to 27-11-50 for a fresh trial. Meanwhile the prosecution should obtain necessary consent of the Govt. The assessors are discharged. Fresh assessors will be summoned. The witnesses should also be summoned in the order in which they had been summoned. For the purpose of choosing the assessors by lot the sessions clerk will put up the list of assessors at onc