EBHA ARJUN JADEJA & ORS. versus THE STATE OF GUJARAT

EBHA ARJUN JADEJA & ORS. versus THE STATE OF GUJARAT

Non-compliance with Section 20-A(1) of TADA Act, which requires prior approval of the District Superintendent of Police before recording information regarding commission of an offence under TADA Act, vitiates the entire proceedings under TADA Act; appellants are to be discharged from offences under TADA Act but may be proceeded against under Arms Act.

Parties
Appellant: Ebha Arjun Jadeja; Appellant: Bachchu Bhikha Mer; Appellant: Keshu Chana Mer; Respondent: State of Gujarat
Jurisdiction
India
Judgment Date
16 October 2019
Procedural Posture
Criminal Appeal / Appeal Against Order of Designated TADA Court on Discharge Application
Outcome
Appeal allowed; appellants discharged from offences under TADA Act
Legal Topics
TADA Act Compliance, Section 20 A(1) Mandatory Nature, Arms Act Offences, FIR Registration Procedures
Criminal Law Terrorism Law TADA Act Compliance Section 20 A(1) Mandatory Nature Arms Act Offences FIR Registration Procedures

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Parties

Ebha Arjun Jadeja

Appellant

Bachchu Bhikha Mer

Appellant

Keshu Chana Mer

Appellant

State of Gujarat

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Order of Designated TADA Court on Discharge Application

Legal Issues

  1. 1 Whether action under TADA Act is vitiated for non-compliance with Section 20-A(1)
  2. 2 Whether FIR can be registered for offence under TADA Act without prior approval
  3. 3 Consequence of non-compliance with Section 20-A(1)

Ratio Decidendi

Non-compliance with Section 20-A(1) of TADA Act, which requires prior approval of the District Superintendent of Police before recording information regarding commission of an offence under TADA Act, vitiates the entire proceedings under TADA Act; appellants are to be discharged from offences under TADA Act but may be proceeded against under Arms Act.

Court Disposition

Appeal allowed; appellants discharged from offences under TADA Act

Orders

  • Order of Designated TADA Court set aside
  • Appellants discharged from offences under TADA Act