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.