EBHA ARJUN JADEJA V. THE STATE OF GUJARAT
SC-Setting aside the order of the TADA Court,the Hon’ble SC held that non-compliance of Section 20-A(1) of Terrorist and Disruptive Activities (Prevention) Act, 1987 is fatal and so the appellants have been discharged in so far as the offence under TADA Act is concerned. Where the information basically discloses an offence under TADA Act and the other offence is more in the nature of an ancillary offence then the information cannot be recorded without complying with the provisions of Section 20-A(1) of TADA Act. The language of Section 20-A is mandatory in nature and forbids the recording of information about the commission of offence under TADA Act by the police without prior approval of the District Superintendent of Police. -Hon'ble Justices Deepak Gupta and Aniruddha Bose[16-10-2019]
Read the full judgment with iDRAF (Issue,Decision,Reasoning,Arguments,Facts)-https://www.legitquest.com/ebha-arjun-jadeja-vs-the-state-of-gujarat
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