1. The only contention raised in this appeal by learned counsel for the appellant is that in view of Section 53-A of the Indian Penal Code, which was inserted by Act 26 of 1955, the maximum sentence awardable to an accused convicted under Section 5 of the Explosive Substances Act, 1908 is five years only. It is submitted that the sentence of transportation for 14 years as mentioned in Section 5 of the Explosive Substances Act, 1908 is deemed to have been omitted in view of Section 53-A of the IPC which was introduced by way of Amendment Act 26 of 1955. Learned counsel for the appellant submits that sentence of 14 years RI and a fine of Rs. 30,000/- awarded to the appellant by the Trial Court under Section 5 of the Act vide orders dated 28.8.2001 in FIR No. 180/1999, PS Hazrat Nizamuddin, is not sustainable and since the appellant has already undergone a sentence of more than five years, he docs not wish to make any further submission on the merits of the appeal.

2. Vide orders dated 5.5.2005, the learned Additional Solicitor General of India was requested to assist this Court on this question. I have heard learned counsel for the appellant and learned ASG.

3. Learned counsel [or the appellant submits that the Explosive Substances Act, 1908, prior to its amendment in 2002, reads as under:

"5. Punishment for making or possessing explosives under suspicious circumstances. - Any person who makes or knowingly has in his possession or under his control any explosive substance, under such circumstances as to give rise to a reasonable suspicion that he is not making it or does not have it in his possession or under his control for a lawful object, shall, unless he can show that he made it or had it in his possession or under his control for a lawful object, be punishable with transportation for a term which may extend to fourteen years, to which fine may be added, or with imprisonment for a term which may extend to five years, to which fine may be added." Section 5-3-Aofthe Indian Penal Code, which was inserted by Act of 26 of 1955, reads as under:

"53 A. Construction of reference to transportation. - (1) Subject to the provisions of sub-section (2) and sub-section (3), any reference to "transportation for life" in any other law for the time being in force or any instrument or order having effect by virtue of any such law or of any enactment repealed shall be construed as a reference to "imprisonment for life".

(2) In every case in which a sentence of transportation for a term has been passed before the commencement of the Code of Criminal Procedure (Amendment) Act, [1955] (26 of 1955), the offender shall be dealt with in the same manner as if sentenced to rigorous imprisonment for the same term.

(3) Any reference to transportation for a term or to transportation for any shorter term (by whatever name called) in any other law for the time being in force shall be deemed to have been omitted.

(4) Any reference to "transportation" in any other law for the time being in force shall,-

(a) if the expression means transportation for life, be construed as a reference to imprisonment for life;

(b) if the expression means transportation for any shorter term, be deemed to have been omitted."

4. It is argued that Section 53-A of the Indian Penal code clearly provides, vide sub-Clause (4) thereof, that any reference to expression "transportation" in any other law for t he time being in force shall if the expression means transportation for life, be construed as a reference to imprisonment for life and if the expression means transportation for any shorter term, be deemed t6 have been omitted. Learned counsel contends that the maximum punishment provided under Section 5 of the Explosive Substances Act, 1908, therefore, remains imprisonment for five years only as the transportation for a term of 14 years is deemed to have been omitted by Section 53-A (3)(4)(b) of IPC.

5. Learned counsel for the appellant also points out that the Explosive Subs