Judgment 1. This application has been filed for quashing the order dated 21.5.1998 by which the learned Magistrate has taken cognizance against the petitioner under sections 4 and 5 of the Explosive Substance Act (in short the Act). 2. Learned counsel for the petitioner has submitted that the person, who made alleged search and seizure, was below the rank of Police Inspector and was not empowered/authorised to make such search under the provisions of Rule 179 of the Explosive Rules, 1983. It has been further submitted that as per provision of the Act no court shall proceed without sanction of the Central Government. However, by the amendment Act 54 of 2001 the Central Government has been substituted by the District Magistrate. 3. In this case search was done by one Raj Narain Singh, who was Sub-Inspector as has been stated by the petitioner and the same has not been controverted in the counter affidavit filed by the State though it has been stated in the counter affidavit that the power of seizure in Rule 179(1) Officers from the rank of Deputy Superintendent of Police is empowered to make search as such by the admission of the State itself it is evident that the seizure was made by an officer who was not empowered. The sanction was accorded by the District Magistrate vide Memo No. 619 dated 3rd June, 1998, 15 days after the congnizance was taken. 4. In view of above, the seizure and search as well as initiation of proceeding are not sustainable in the eye of law and accordingly, the order 21.5.1998 taking cognizance and the entire criminal proceeding against the petitioner are nearby quashed and this petition is allowed.