- (1.) Leave granted.
(2.) This appeal, by grant of special leave, is directed against judgment and order dated 24/01/2011 passed by the High Court of Rajasthan at Jodhpur. By the impugned judgment, learned Single Judge dismissed Criminal Revision Petition No.853 of 2010 filed by the appellant challengingPage 2 order of Addl. Sessions Judge (Fast Track), Chittorgarh allowing application submitted by the prosecution under Section 311 of the Code of Criminal Procedure, 1973 (for short, the Code ) and directing that trial should proceed against the appellant for offences under Sections 3, 4, 5 and 6 of the Explosive Substances Act, 1908.
(3.) Before, we turn to the facts of the case, it is necessary to have a look at Section 7 of the Explosive Substances Act, 1908 (for short, the said Act ), as the controversy revolves round the consent to prosecute contemplated therein. It reads thus: Section 7: No court shall proceed to the trial of any person for an offence against this Act except with the consent of the Central Government. It must be stated here that by Act 54 of 2001, Section 7 was amended and the words Central Government were substituted by the words District Magistrate .;