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CHATTISGARH HIGH COURT
Sanjay K. Agarwal, J.
State of Chhattisgarh v. Harish Kumar Vishwakarma
| Table of Content |
|---|
| 1. the court examines the consent requirements under the explosive substances act. (Para 1 , 2) |
| 2. appellant argues for error in lower court's consent ruling. (Para 3 , 4) |
| 3. court scrutinizes statutory authority regarding amendments. (Para 5 , 6) |
| 4. clarification of shifting legal authority post-amendment. (Para 9 , 10 , 11) |
| 5. final remand of case for reconsideration under new legal framework. (Para 17) |
1. The State of Chhattisgarh has preferred this revision under S.397/401 of the Code of Criminal Procedure (for short 'the Code') questioning the impugned order dated 31.10.2011 passed by 1st Additional Sessions Judge, Bilaspur in Sessions Trial No. 131/2011 discharging respondent / accused from the charges under S.3 & S.4 of the Explosive Substances Act, 1908 (henceforth the 'Act, 1908' ).
2. Facts of the case, in brief, are as under: -
2.1 That, the respondent was charge - sheeted for the commission of offences under S.3 & S.4 of the Act, 1908 on the allegation that on 17.06.2011 the Investigating Officer raided the stone crusher site namely Balbam Crusher Udhyog at village Khaira and found the respondent carrying a bag in hand, containing Detonators, Fuse Wires, Am
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