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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.
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