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Is the offence under Section 5 of the Explosive Substances Act prior to amendment in 2002 which inter alia carried a punishment of transportation for 14 years, one exclusively triable by a Court of Session ? This is the short point for consideration in this Crl.M.C.

2. The petitioner is the accused along with others in a crime registered, inter alia, under Section 5 of the Explosive Substances Act and Section 435 read with 149 I.P.C. The case against the co-accused has already been committed to the Court of Sessions as per order dated 09.12.2002 in C.P.67 of 2001 passed by the learned Magistrate, a copy of which is produced as Annexure-VI. As the petitioner (accused No.3) was not available for committal, the case against him has been refiled as C.P.57 of 2002. On coming to know of the proceedings against him, the petitioner had appeared before the learned Magistrate and has now been enlarged on bail as per order of the Sessions Court, a copy of which is produced as Annexure-V.

5. All the other offences in which the petitioner faces indictment are without dispute triable by a Magistrate of the First Class. The only dispute is about Section 5 of the Explosive Substances Act. The alleged offence was committed on 30.01.2000. There has been an amendment of Section 5 of the Explosive Substances Act, which came into force w.e.f. 01.02.2002. We are not concerned with that amendment in this case. The law applicable must be ascertained as on the date of commission of the offence and Section 5 of the Explosives Substances Act as it stood on the relevant date reads as follows: