Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | TADA Act Compliance of s. 20-A(1) |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Terrorist and Disruptive Activities (prevention) Act, 1987 (28 of 1987) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Terrorist and Disruptive Activities (Preventive) Act, 1987 – s. 20-A(1) – Compliance of – Three accused persons were stopped and personally searched by the police – Police recovered one foreign made pistol and 2 country made tamancha from them – FIR was registered u/ss. 25(1)(Ba), 27 of the Arms Act and s. 135 of the Bombay Police Act and u/s. 5 of TADA Act and arrangement was made for obtaining the sanction of the District Superintendent of Police u/s. 20(A(1) of the TADA Act – Appellants contended that in terms of s. 20-A(1) of TADA Act, no information about commission of offence could have been recorded under TADA Act without the approval of the District Superintendent of Police and therefore, it vitiates the entire proceeding under TADA Act – Held: Provisions of s.20-A(1) are mandatory – It forbids the recording of information about the commission of offence under TADA Act by the police without prior approval of the District Superintendent of Police – The bar u/s. 20-A(1) of TADA applies to information recorded u/s. 154 Cr.P.C. – This bar will not apply to a rukka or a communication sent by the police official to the District Superintendent of police seeking his sanction – No information can be recorded u/s. 154 Cr.P.C. for commission of an offence under TADA Act without the sanction of the competent authority – Further, it has to be seen that where the information basically discloses an offence under TADA Act and the other offence is more in the nature of an ancillary offence then the information cannot be recorded without complying with the provisions of s.20-A(1) of TADA Act – This will have to be decided in the facts of each case – In the instant case, the only information recorded which constitutes an offence was recovery of the arms – The area where accused were carrying arms was notified area under TADA Act and carrying arms in notified area is itself an offence under TADA Act – There were no other offences of rape, murder etc. in this case – Therefore in the present case, non-compliance of s. 20-A(1) vitiates the proceedings under the TADA Act – Accordingly, appellants discharged in so far as the offence under TADA Act is concerned, however, they can be proceeded against under the provisions of the Arms Act – Arms Act 1959 – ss. 25(1)(Ba), 27 – Bombay Police Act – s.135. |
Judge | Hon'ble Mr. Justice Deepak Gupta |
Neutral Citation | 2019 INSC 1148 |
Petitioner | Ebha Arjun Jadeja & Ors. |
Respondent | The State Of Gujarat |
SCR | [2019] 13 S.C.R. 741 |
Judgement Date | 2019-10-16 |
Case Number | 1692 |
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