RAMBHAI NATH BHAI GANDHVI AND ORS. versus STATE OF GUJARAT

RAMBHAI NATH BHAI GANDHVI AND ORS. versus STATE OF GUJARAT

Ext.63 did not amount to a valid sanction under Section 20A(2) of TADA because it merely granted permission to add sections and showed non-application of mind by the sanctioning authority; consequently the Designated Court lacked jurisdiction to take cognizance and try the accused under TADA, and because the power to try Arms Act offences arose only in the course of a valid TADA trial under Section 12, convictions and sentences under TADA and under the Arms Act based on that trial were vitiated and had to be set aside, resulting in acquittal of the accused.

Parties
Appellants/accused: RAMBHAI NATH BHAI GANDHVI AND ORS.; Respondent: State of Gujarat
Jurisdiction
India
Judgment Date
06 August 1997
Procedural Posture
Criminal Appeal / Appeal Under Section 19 of TADA Against Convictions and Sentences by Designated Court, Jamnagar
Outcome
Criminal Appeal No.1909 of 1996 allowed; Criminal Appeal No.162 of 1997 dismissed; convictions and sentences set aside and accused acquitted.
Legal Topics
Sanction for Prosecution, Cognizance and Jurisdiction, Powers of Designated Courts, Acquittal, Application of Mind by Sanctioning Authority
Criminal Law Terrorist and Disruptive Activities (prevention) Act, 1987 Arms Act, 1959 Criminal Procedure Sanction for Prosecution Cognizance and Jurisdiction Powers of Designated Courts Acquittal +1 more

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Parties

RAMBHAI NATH BHAI GANDHVI AND ORS.

Appellants/accused

State of Gujarat

Respondent

Procedural Posture

Criminal Appeal / Appeal Under Section 19 of TADA Against Convictions and Sentences by Designated Court, Jamnagar

Legal Issues

  1. 1 Whether the order Ext.63 constituted a valid sanction under Section 20A(2) of TADA permitting the court to take cognizance and try the accused
  2. 2 Whether a Designated Court can validly try and convict on offences under the Arms Act when the trial under TADA is vitiated for want of valid sanction
  3. 3 Whether the prosecution evidence was reliable and sufficient (contended by appellants)

Ratio Decidendi

Ext.63 did not amount to a valid sanction under Section 20A(2) of TADA because it merely granted permission to add sections and showed non-application of mind by the sanctioning authority; consequently the Designated Court lacked jurisdiction to take cognizance and try the accused under TADA, and because the power to try Arms Act offences arose only in the course of a valid TADA trial under Section 12, convictions and sentences under TADA and under the Arms Act based on that trial were vitiated and had to be set aside, resulting in acquittal of the accused.

Court Disposition

Criminal Appeal No.1909 of 1996 allowed; Criminal Appeal No.162 of 1997 dismissed; convictions and sentences set aside and accused acquitted.

Orders

  • Convictions and sentences passed by the Designated Court set aside
  • Accused acquitted and directed to be set at liberty forthwith unless required in any other case