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Judgment
V.K. Gupta, C.J.—The offence was admittedly barred by limitation but the learned court below has refused to discharge the accused on the ground that the period spent in obtaining sanction for prosecution should be excluded. A perusal of the provisions of the Explosives Act. 1884. particularly Section 9B thereof clearly suggests that no sanction is required for launching prosecution in the matter. Reference is also made to the Supreme Court Judgment in the case of Rakesh Kumar Jain v. State, reported in 2000 (7) SCC 656 wherein. Their Lordships have clearly held that if the sanction is not required to be obtained for prosecution in a particular case, merely because an authority passes an administrative order for launching prosecution, time spent on that can not be excluded.
For the aforesaid reasons this petition is allowed and the impugned order dated 28.8.1998 is set aside and the proceedings in Mosabani P.S. Case No. 54/89 are quashed as being time barred.
Petition allowed.