Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | it could not have tried him/or offences under any other Act as well viz. the Explosive Substances Act or the Explosives Act-Conviction of appellant by Designated TADA Court under s.5 of the Explosive Substances Act 18 and 20A(2)-Designated TADA Court-Jurisdiction of-To take C cognizance of offences under other Acts than the TADA-Held: Designated TADA Court gets jurisdiction to try any other offence only if it has the jurisdiction and is trying an offence under TADA-On facts the D Designated TADA Court lacked inherent jurisdiction to try accused- appellant for offence under TADA-Consequently E therefore 1908-s.5-Explosives Act illegal and liable to be set aside-Explosive Substances Act since there was no sanction of the Inspector General of Police or of the Commissioner of Police as required under s.20-A(2) a/TADA Terrorist and Disruptive Activities (Prevention) Act 1884. 1987-ss. l 2 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Terrorist and Disruptive Activities (Prevention) Act, 1987 - ss. 12, 18 and 20A(2) - Designated TADA Court - Jurisdiction of - To take cognizance of offences under other Acts than the TADA - Held: Designated TADA Court gets jurisdiction to try any other offence only if it has the jurisdiction and is trying an offence under TADA - On facts, since there was no sanction of the Inspector General of Police or of the Commissioner of Police as required under s.20-A(2) of TADA, the Designated TADA Court lacked inherent jurisdiction to try accused-appellant for offence under TADA - Consequently, it could not have tried him for offences under any other Act as well viz. the Explosive Substances Act or the Explosives Act - Conviction of appellant by Designated TADA Court under s.5 of the Explosive Substances Act, therefore, illegal and liable to be set aside - Explosive Substances Act, 1908 - s.5 - Explosives Act, 1884.Words and Phrases - "Jurisdiction" - Meaning of - Discussed.The prosecution case was that on seeing a police party, appellant tried to run away but he was apprehended after a chase and a bag containing one kilogram explosive powder was recovered from the appellant. Charge-sheet was submitted in the Designated Court under the Terrorist and Disruptive Activities (Prevention) Act, 1987 (TADA) for prosecution of the appellant. The Designated TADA Court acquitted appellant of the offences under TADA and the Explosives Act, 1884 and convicted him only under s.5 of the Explosive Substances Act, 1908.In appeal to this Court, it was contended that the Designated TADA Court lacked inherent jurisdiction to take cognizance of the offence under TADA and consequently had no jurisdiction to try and convict the appellant under the Explosive Substances Act, 1908. |
Judge | Hon'ble Mr. Justice G.P. Mathur |
Neutral Citation | 2007 INSC 1218 |
Petitioner | Harpal Singh |
Respondent | State Of Punjab |
SCR | [2007] 12 S.C.R. 830 |
Judgement Date | 2007-12-04 |
Case Number | 548 |
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