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Head Note

Terrorist and Disruptive Activities (Prevention) Act, 1987  - Section 19 , Section 20 , Section 3 , Indian Penal Code,1860  - Section 120-B , Section 302

Violation - IPC, 1860 - Sections 120 (B)/302 r/w section 3(2)(1) of TADA Act - Conviction and sentence - Whether the mandatory requirement of Section 20(A) (1) was complied with - Supreme Court - No information about the commission of an offence under the TADA Act can be recorded by the Police without the prior approval of the District Superintendent of Police - Evidence of P.W.15 clearly stated that he did not take the approval of the Superintendent of Police before recording the FIR - Requirement of approval must be made at the initial stage of recording the information - If there is absence of approval at the stage of recording the information, the same cannot be cured by subsequent carrying on of the investigation by the DSP, therefore, the entire proceeding right from the registering of the FIR, filing of the charge-sheet and the subsequent trial is vitiated by a legal infirmity, ignoring the vital requirement of law - Appeal allowed - Acquittal.

Topic(s)-

Important Decision(s)- TADA Act can be recorded by the Police without the prior approval of the DSP before recording the FIR - Requirement of approval must be made therefore, the entire proceeding right from the registering of the FIR, filing of the charge-sheet and the subsequent trial is vitiated by a legal infirmity - Acquittal.