State of M.P. vs Bhupendra Singh

Leave granted.

The respondent was apprehended on 17th February, 1977 and it is the case of the appellant that detonators were found in his possession. A charge-sheet was filed against him under the provisions of Sections 4 and 5 of the Explosive Substances Act, 1908 ('the said Act'). Cognizance was taken and the trial proceeded to some extent. The respondent then filed a revision petition before the High Court of Madhya Pradesh contending that the consent of the Central Government which was requisite u/s 7 of the said Act had not been properly obtained. The High Court accepted the respondent's contention and quashed the proceedings against him. The State of Madhya Pradesh is in appeal.

For a prosecution under the said Act, the consent of the Central Government is requisite by virtue of the provisions of Section 7 thereof. By notification dated 2nd December, 1978 the Central Government entrusted to District Magistrate, inter alia, in the State of Madhya Pradesh its functions u/s 7 of the said Act.

The consent for the prosecution of the respondent was granted by the Additional District Magistrate of the district concerned and, in this behalf, reliance was placed, on behalf of the appellant, upon a notification dated 24th April, 1995 issued by the appellant whereunder it appointed the joint Collector and Executive Magistrate as Additional District Magistrate for the District of Gwalior and directed that he should "exercise powers of District Magistrate conferred under the said Code (Criminal Procedure Code) or under any other law for the time being in force." The submission on behalf of the appellant is that, by reason of the latter notification, the power u/s 7 of the said Act delegated by the Central Government to the District Magistrate had now been delegated to the Additional District Magistrate and that, accordingly, the consent that he granted for the prosecution of the respondent was valid.

It is difficult to accept the submission. The power of granting consent u/s 7 of the said Act rests with the Central Government. The Central Government has delegated it to the District Magistrate. It is, in our view, not competent for the State Government to further delegate to the Additional District Magistrate a power of the Central Government which the Central Government has delegated to the District Magistrate.

The decision of this Court in Hari Chand Aggarwal Vs. Batala Engineering Co. Ltd., is also of some relevance. This Court said that where, by virtue of a notification u/s 20 of the Defence of India Act, the Central Government had delegated its powers u/s 29 to a District Magistrate, an Additional District Magistrate was not competent to requisition property u/s 29 simply because he had been invested with all powers of a District Magistrate u/s 10(2).

The appeal fails and is dismissed.