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april 2012

Supreme Court of India · 2012-04-30

DEEPAK KHINCHI vs STATE OF RAJASTHAN

Citation / case number
SC 2011/13574
Court
Supreme Court of India
Petitioner
DEEPAK KHINCHI
Respondent
STATE OF RAJASTHAN
Author
RANJANA PRAKASH DESAI
Bench
RANJANA PRAKASH DESAI AFTAB ALAM

Judgment text excerpt

The Supreme Court held that under Section 7 of the Explosive Substances Act, 1908, no trial can proceed without the consent of the District Magistrate, as amended by Act 54 of 2001. The Court found that the prosecution failed to obtain the necessary consent before filing charges against the appellant under Sections 3, 4, 5, and 6 of the Act, leading to the dismissal of the revision petition. Consequently, the Court quashed the proceedings against the appellant for the offences under the Explosive Substances Act due to lack of proper sanction.

DEEPAK KHINCHI vs STATE OF RAJASTHAN · Niyam