NDLI: The State of Gujarat Vs. Anwar Osman Sumbhaniya and Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	TADA act Validity of Prior sanction under s.20A(2) 1987
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Indian Telegraph Act, 1885 (13 of 1885) Terrorist and Disruptive Activities (prevention) Act, 1987 (28 of 1987) Arms Act, 1959 (54 of 1959) Indian Penal Code (45 of 1860) Indian Wireless Telegraphy Act, 1933 (17 of 1933)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Terrorist and Disruptive Activities (Prevention) Act, 1987: s.20-A(2) – Prior sanction under s.20A(2) – Validity of – By impugned order, Designated Court held that there was no prior sanction under s.20-A(2) before taking cognizance of the offence committed by the respondents – Held: Perusal of the subject sanction order showed that it adverted only to the FIR and proposal received from DSP –The noting in the sanction order was indicative of the fact that it was not a sanction to prosecute the accused but at best giving permission to apply the provisions of TADA – Such a sanction cannot be considered as a valid sanction – Penal Code, 1860 – ss.121,121A, 122 and s.34 – Arms Act, 1959 – ss.25, 27(1) and 29A –Telegraph Act, 1885 – s.20 – Indian Wireless Telegraphy Act, 1933– s.6(1-A).Terrorist and Disruptive Activities (Prevention) Act, 1987: s.3– Mere possession of walky-talkies per se would not be an offence under TADA – In the instant case, sanction order in respect of respondent no.3 showed that there was nothing to indicate as to whether the sanctioning authority was conscious of the materials gathered during investigation qua respondent No.3 which merely suggested possession and recovery of two walky-talkies from him –The sanctioning authority was under a bounden duty to accord sanction, specific to offences, from amongst the different offence sunder sub-sections (1) to (6) of s.3 of TADA – s.4 refers to disruptive activities whereas s.5 refers to possession of unauthorised classified arms and ammunition – A walky-talky is certainly not one of those classified arms and ammunition – The purported sanction suffered from the vice of non-application of mind, on this count alone.Terrorist and Disruptive Activities (Prevention) Act, 1987:Power of Designated Court to try any other offence (other than TADA) – Whether the Designated Court could convict the accused persons for offences punishable under other enactments (other than TADA) – Held: Designated Court, besides trying the case under TADA, can also try any other offence with which the accused maybe charged at the same trial if the offences are connected with offences under TADA – For, implicit power has been bestowed upon the Designated Court to convict the accused for offences under other enactments if there is legally admissible evidence to establish those charges – However, in the instant case, prosecution essentially relied upon the confessional statement of the accused recorded under the provisions of TADA – That will be of no avail and certainly not admissible against the accused in the trial for offences under other enactments, especially when the Designated Court could not have taken cognizance of the offence under TADA for lack of a valid sanction – There was no legally admissible evidence to establish the charges against the respondents regarding offences under other enactments (other than TADA) – The conclusion reached by the Designated Court, that the respondents were not guilty of the offences for which they were charged and tried, is not interfered with.
Judge	Hon'ble Mr. Justice A.M. Khanwilkar
Neutral Citation	2019 INSC 280
Petitioner	The State Of Gujarat
Respondent	Anwar Osman Sumbhaniya And Ors.
SCR	[2019] 2 S.C.R. 749
Judgement Date	2019-02-27
Case Number	1359

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
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