Substance Act of 1884, an explosive is defined as a gunpowder, nitroglycerine, nitroglycol, gun cotton etc. and it is a chemical compound or a mixture of substances, whether sold or liquid or gaseous which is used as an explosive substance. Accordingly, the precondition for convicting and prosecuting a person under the Act that the material seized is an explosive or an explosive substance and is capable of being used so as an explosive material or substance. Except for the fact that the witnesses for the prosecution say that they had seized 28 bombs from the house of appellant no.1 and all the appellants were apprehended from the house, there is no cogent evidence adduced to show that what was seized from the house of appellant no.1 was a substance which can be termed as an explosive substance or which was capable of being used as an explosive. To prove that the explosive was used as an explosive substance, an expert, who had examined the substance, namely P.W.12 Subrat Gupta, a Scientific Officer, has been examined and his expert report, Ext.-7, has been produced by the prosecution. From the statement of P.W.12, the Scientific Officer, and the report, Ext.-7, submitted by him, it is seen that his report is based only on physical examination of the substance and he records a finding that he found yellow colour powder which look like explosive and certain powder which look like aluminum
