( 1 ) THIS is an appeal by the Legal Remembrancer, Gov-ernment of West Bengal on behalf of the State of West Bengal against an order by Shri S. K. Chakravarti, Sessions Judge, Murshidabad acquitting the respondent Nesaruddin snaikh in respect of a charge under Section 5 of the Explosive Substances Act, 1908 on a preliminary point of law. The respondent was committed for trial to the Court of the Sessions Judge, Murshidabad under Section 5 of the Explosive Substances Act, 1908, the allegation against him being that on 19th December, 1956 six country-made throw-down crackers dangerous to life were found in the possession ot the respondent. When the case came up for trial before the learned Sessions Judge, a preliminary objection on a point of law was taken, that as consent under Section 7 of the Explosive Substances Act had been given by the State Government and not by the Central Government as required by the Section, the trial could not proceed, me learned Judge accepted this preliminary objection on the strength of a decision of the Allahabad High Court Chaitanya Prakash v. State.

( 2 ) THE point for decision before us is whether the consent given by the State Gove