1. Appellant has filed this appeal against the judgment dated 1.6.1996 passed by Second Additional Sessions Judge, Murwara, Katni District Jabalpur in Sessions Trial No. 41/1991, convicting him under section 5 of the Explosive Substances Act. 1908 (for short 'the Act') and sentencing him to rigorous imprisonment for two years.

2. According to prosecution, on 28.11.1990, Sub Inspector of Police Station Katni R. K. Gupta (PW2) received information that the appellant and co-accused Sunil were in illegal possession of country made bomb and other explosive substances. On receiving the said information, Inspector R.K. Gupta, along with Constable Dhaniram reached the house of accused Sunil and in presence of Kiran Singh (PW 1) and Hemant seized a country made bomb and other material used for manufacturing the bomb. Both the accused persons were arrested. The seized material was sent to Forensic Science Laboratory, Sagar. When it was confirmed by the said Laboratory vide its report Ex.P/2 that the seized material was explosive substance, charge sheet against the accused persons was filed in the Court of Magistrate. After committal, the case was sent for trial.

3. On framing the charge under section 5 of the 'Act', appellant abjured his guilt and pleaded false implication. He also examined defence witness Gopal Goswami (DW 1) to substantiate that he was falsely implicated because of animus developed between him and police officers of police station Katni.

4. Before the trial Court, prosecution examined only two witnesses namely Kiran Singh (PW 1) and Sub Inspector R.K. Gupta (PW 2).

5. Relying on the evidence adduced by the prosecution, learned trial Judge held the appellant guilty of the charge, convicted and sentenced him as mentioned above.

6. Learned counsel for the appellant submitted that the appellant has been falsely implicated due to animus developed between him and Police Inspector Aslam for not providing Gold Flake Cigarette to him. The evidence of Kiran Singh (PW 1), as well as Inspector R.K. Gupta (PW 2) is not reliable. Kiran Singh (PW 1), since did not support the prosecution case in part, he was declared hostile. In the facts and circumstances of the case, the evidence of R.K. Gupta (PW 2) was not reliable. No Roznamcha entries were produced for corroboration of the evidence of Inspector R.K. Gupta. He submitted that apart from it, no consent of the District Magistrate as required under section 7 of the 'Act' was produced and proved in the case. As such, the trial Court committed error in convicting the appellant. On the other hand, learned Panel Lawyer for the State submitted that the evidence of Sub Inspector R.K. Gupta stood corroborated by the evidence of independent witness Kiran Singh (PW 1). It was established by the report of E.S.L. that the seized material was explosive substance. Since Inspector R.K. Gupta (PW 2), before the Court, stated that he had sent the seized material for examination to E.S.L., after obtaining the permission of District Magistrate, therefore, it was Wong to say that the consent of District Magistrate was not obtained.

7. On perusal of the evidence of Sub Inspector R.K. Gupta (PW 2), it appears that he proceeded for raid and recovery of the explosive substance on the basis of information received from informer, but he did not record any such information in the record of police station. He did not say that in recording the said information at police station there was any likehood of the accused persons escaping or concealing the explosive material. Though, he was accompanied by Constable Dhaniram, but Dhaniram was not examined in the Court. Out of the two independent witnesses of alleged seizure, Hemant was not produced in the Court. Other witness Kiran Singh (PW 1) though stated that a bomb Wrapped in a 'Panni' was recovered by the police from the accused and seizure memo Ex.P/1 was prepared, but he stayed that he did not know as to what was kept in the 'Panni'. He did not know whethe