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The police after the investigation laid the charge sheet alleging that, on receiving the credible information, it was found that the explosive substances was stacked in the lorry belonging to the petitioner. The learned Magistrate after accepting the charge sheet took the cognizance of the offence punishable under Section 9B(1)(b) of the Explosive Act, 1884 and Sections 286 and 336 of IPC. Taking exception to the same, the petitioner - accused No.1 is before this Court.

2. Heard the learned counsel for the petitioner - accused No.1 and the learned High Court Government Pleader for the respondent - State.

3. The charge sheet is laid alleging that the petitioner

- accused No.1 without obtaining license was in possession of the explosive substances in contravention of Section 9B of the Explosive Act, 1984. The Explosive Substances Act, 1908 was enacted to amend the law relating to explosives substances. Section 7 of the Act, 1908 specifies that no Court shall proceed to trial of any person for an offence against this Act except with the consent of the District Magistrate. In otherwords, the cognizance can be taken by the learned Magistrate for the offence punishable under the provisions of the Act, 1908 only with prior permission from the District Magistrate. In the instant case, the learned Magistrate in the absence of any permission granted by the District Magistrate has taken cognizance and the same stands vitiated for non-compliance of mandatory provision contained in Section 7 of the Act, 1908. Accordingly, I pass the following: