Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Terrorist and Disruptive Activities (Prevention) Act 1987 - s. 20A - Cognizance of offence - Registration of FIR |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Terrorist and Disruptive Activities (Prevention) Act, 1987 - s. 20A - Cognizance of offence - Registration of FIR - Prior approval of District Superintendent of Police - Mandatory or directory - Held: Is mandatory - s. 20A forbids recording of information about the commission of offences under TADA by the Police without the prior approval of the District Superintendent of Police - When the statute vests the grant of approval in an authority specifically designated for the purpose, no one except the authority so designated, can exercise that power, whether superior or inferior- Exercise of the power granting or refusing approval u/s. 20-A (1) in its very nature casts a duty upon the officer concerned to evaluate the information and determine having regard to all attendant circumstances whether or not a case for invoking the provisions of TADA is made out - Exercise of that power by anyone other than the designated authority, would amount to such other authority clutching at the jurisdiction of the designated officer - On facts, power of approval vested in the District Superintendent of Police could not be exercised by either the Government or the Additional Police Commissioner - Requirement of a mandatory statutory provision having been violated, the trial and conviction of the appellants for offences under the TADA vitiated - While there may be evidence regarding recovery of some of the weapons but it would not be sufficient to justify the conviction of the appellants - Even otherwise the recovery of the weapons is also not satisfactorily proved by cogent and reliable evidence - Thus, conviction of the appellants cannot be sustained and is set aside - Penal Code, 1860 - Explosives Substances Act. |
Judge | Honble Mr. Justice T.S. Thakur |
Neutral Citation | 2014 INSC 494 |
Petitioner | Hussein Ghadially @m.h.g.a. Shaikh & Ors. |
Respondent | State Of Gujarat |
SCR | [2014] 9 S.C.R. 364 |
Judgement Date | 2014-07-18 |
Case Number | 92 |
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