explosive substances act
WHATSAPP 91-8075113965
(Querist) 01 September 2010
This query is : Resolved
sir,
in one of my case, accused was found in possession of 6 kg of gun powder. he was charged u/s 4 of explosive substances act.
i have heard that , it is offence u/s 4(g) of the explosive act and not an offence under explosive substances act.
can any body explain the difference between these two acts ?
also, please state essential legal formalities to be complied with, by the prosecution, in both these enactments, from arrest of the accused to submitting of charge sheet. ( for eg. sanction u/s 7 of the explosive substances act).
please furnish me some useful citations for defence counsel ?
SALIL KUMAR.P
ADVOCATE
THALASSERY-670101
9447536929
advocatesalil@gmail.com
Arvind Singh Chauhan
(Expert) 02 September 2010
Certainly it is an offense under explosive act.
If only explosive is found from possession it covers explosive act. as only gun powder or gelatin rod etc.
If various items, which can be used collectively for explosion, are found then it shall be offence under explosive substance Act. As Gelatin rod with detonator and fuse wire.
