State Of M.P vs Bhupendra Singh on 7 January, 2000
Section 3 of the
Explosive Substance Act deals with the punishment for causing
an explosion likely to endanger life or property. Section 7 of the
Explosive Substance Act, 1908, says that no court shall proceed
to the trial of any person for an offence against this Act except
with the District Magistrate's consent. When Section 7 of the
Act clearly says that only the District Magistrate can give
consent for prosecution, the Additional Magistrate cannot issue
such a consent order. This point is considered by this Court and
the Apex Court in Nadukandy Bijukumar & others v. State of
Kerala and others (2018(3) KHC 839 and State of M.P v.
CRL.A.No.960 OF 2005 7
Bhupendra Singh (2000(1) SCC 555). Therefore, the
prosecution under Section 3 of the Explosive Substance Act is
also not maintainable.