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2012 (5) TMI 60 - SC - Indian LawsDelay in Consent to prosecute - offences under Sections 3, 4, 5 and 6 of the Explosive Substances Act, 1908. - consent of central government for prosecution under Section 7 of the Explosive Substances Act, 1908 – Counsel for the appellant submitted that the courts below erred in allowing the application filed by the prosecution after a delay of about three years. He submitted that it was not open to the prosecution to make repeated attempts to get sanction from the competent authority. Counsel submitted that by passing order under Section 311 of the Code, the trial court has subjected the appellant to the ordeal of a trial for the offences under the said Act after a period of three years. This has resulted in miscarriage of justice. Counsel submitted that since the prosecution had deliberately delayed obtaining sanction, it cannot be now allowed to fill in the lacuna. Such a course will result in abuse of process of court. - Held that:- in the facts of this case, where innocent persons lost their lives and several persons were severely injured due to the mishandling and ignorance of assessee which took place in the appellant’s shop, three years period cannot be termed as delay – against assessee.
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