Criminal Revision 483 of 2009 1 In the High Court of Punjab & Haryana at Chandigarh Criminal Revision 483 of 2009 (O&M) Date of decision: 17.7.2009 Ashwani Kumar Dadwal @ Sonu ...Petitioner vs State of Punjab ...Respondent Coram Hon'ble Mr. Justice Rajesh Bindal Present Mr. Sanjay Gupta, Advocate, for the petitioner. Mr. Anter Singh Brar, Senior Deputy Advocate General, Punjab. Rajesh Bindal J. Challenge in the present petition is to the order dated 26.11.2008 passed by the learned court below whereby charges have been framed against the petitioner under Sections 4 and 5 of the Explosive Substances Act, 1908 (for short, “the Act”) and Section 153-A IPC. As far as the plea that there is no sanction by the competent authority under Sections 4 and 5 of the Act is concerned, learned counsel for the petitioner does not press the same considering the fact that in terms of amended provisions of Section 7 of the Act, sanction for prosecution can be granted by the concerned District Magistrate. Another contention raised by the learned counsel for the petitioner is that for prosecution under Section 153-A IPC, prior sanction of the State Government is required and in the impugned order, the District Magistrate has not expressed any opinion for grant of sanction under Section 153-A IPC nor he has mentioned that he is the competent authority having been delegated the powers by the State Government to grant sanction for prosecution under aforesaid section. On the other hand, learned State counsel submitted that in the concluding para of the impugned order, it is the District Magistrate, who granted sanction for prosecution under Section 153-A IPC and he is the competent authority. In any case, it is a matter of evidence as to who is the competent authority to grant sanction for prosecution. Having heard learned counsel for the parties, I do not find any reason to interfere with the impugned order at this stage. Admittedly, that prosecution of the petitioner will continue for the reason that valid sanction for prosecution under Sections 4 and 5 of the Act is already on record having been granted by the Criminal Revision 483 of 2009 2 competent authority i.e. District Magistrate on 28.7.2006. As regards the grant of sanction under Section 153-A IPC is concerned, during the course of trial, the learned court below can very well go into the question as to whether sanction for prosecution was granted by the competent authority or not. For the reasons mentioned above, the present petition is dismissed. 17.7.2009 ( Rajesh Bindal) vs. Judge