JUDGMENT :

Sanjay K. Agrawal, J.

1. This acquittal appeal is directed against the impugned judgment dated 27.4.2010 by which the learned Sessions Judge, North Bastar Kanker in Sessions Case No.89/2009, acquitted the respondent herein from the charges under Sections 4 and 5 of the Explosives Substances Act, 1908 (hereinafter called as 'Act of 1908') holding that the prosecution has failed to bring home the aforesaid offences beyond reasonable doubt.

2. Mr.Soumya Rai, learned Panel Lawyer for the appellant/State, would submit that the learned Sessions Judge has committed grave legal error in acquitting the respondent herein by recording a finding which is perverse to record. He would further submit that finding of the learned Sessions Judge holding that the prosecution has failed to bring home the offence is a perverse finding and contrary to material available on record and as such, it is liable to be setaside.

3. None present for the respondent though served.

4. We have heard learned counsel appearing for the appellant / State, considered his submissions made hereinabove and went through the records with utmost circumspection.

5. Case of the prosecution in brief, is that on 24.11.2008 at