No trial for an offence under the Explosive Substances Act, 1908 can proceed without the consent of the Central Government as required under Section 7 of the Act.

1. - The petitioners before me are facing trial before the Additional Sessions Judge, Gangapur City for the offence under Section 4 of the Explosive Substances Act, 1908 (hereinafter referred to as the Act, 1908'). The learned trial court proceeded for about three years when the accused petitioners applied before the learned Additional Sessions Judge for quashing the proceedings on the ground that the consent of the Central Government has not been obtained for the prosecution as required under Section 7 of the Act, 1908, which reads as under :

7. Restriction on trial of offences :

No Court shall proceed to the trial of any person for an offence against this Act except with the consent of the Central Government.

2. The learned Additional Sessions Judge relying upon 1951 Cr.L.J. 1504 permitted the prosecution to obtain the sanction of the Central Government and rejected the prayer of the petitioners for quashing the proceedings. Time was granted for obtaining the consent but it has been contended that till today after passing of nine months the consent has not been received and in such circumstances the petitioners have approached this court for quashing the proceedings for the lack of sanction of the Central Government.

3. The offence relating to explosives are governed by Explosives Act, 1884 and as the provisions of this act were found to be inadequate the Explosive Substances, Act, 1908 was passed. In the Act of 1884 there is no provision for obtaining sanction prior to proceeding with the trial.

4. Learned counsel for the petitioners has also contended that even if the sanction is received now the earlier proceedings in the trial would not he relevant for purposes of deciding whether the accused are guilty or not and the court will have to proceed afresh on the basis of the consent.

5. The words of section 7 of the Act, 1908 make it clear that no court shall proceed with the trial of any person for offences in this Act except with the consent of the Central Government. There is a bar on proceeding with the trial and it open to the court is grant time for obtaining sanction before proceeding with the trial and whatever proceedings have been taken in the trial court prior to the consent of the Central Government are without jurisdiction and illegal. Hence, the Additional Sessions Judge cannot be allowed to proceed with the trial without the prosecution producing the consent of the Central Government, and as such, the trial proceedings have to be quashed. At the same time it can be observed that it will be open to the prosecution to start the prosecution afresh after obtaining consent of the Central Government or if the offence falls under the Act of 1884 then the challan can be filed before the Magistrate for proceeding in accordance with law. The trial which has been conducted so far is illegal and therefore, it is quashed. The petitioners shall continue to remain on bail bonds but they shall be required to appear before the Court only when they receive notice for trial either before the Sessions Judge after obtaining the consent of the Central Government or before the Magistrate, if any complaint or challan is filed.Petition allowed.

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