Case Note & Summary
The case involved an appeal against the conviction of the appellant under Section 5 of the Explosive Substances Act, 1908, by the Designated Court. The appellant was initially apprehended on 12.3.1992 with explosive powder, leading to a charge-sheet filed on 24.2.1994 under the Explosives Act, 1884, without any mention of TADA. The appellant was acquitted of TADA charges but convicted under the Explosive Substances Act. The Supreme Court examined the jurisdiction of the Designated Court, noting that the prosecution failed to obtain the necessary sanction from the Inspector General of Police as mandated by Section 20-A(2) of TADA. The court emphasized that without this sanction, the Designated Court could not take cognizance of the offence under TADA, and consequently, it lacked jurisdiction to try any related offences. The court referenced previous judgments to support its conclusion that a valid sanction is essential for the prosecution under TADA. Ultimately, the Supreme Court allowed the appeal, set aside the conviction, and ordered the immediate release of the appellant unless he was wanted in another case.
Headnote
A) Criminal Law - Jurisdiction of Designated Courts - Lack of Sanction - Terrorist and Disruptive Activities (Prevention) Act, 1987, Section 20-A(2) - The Designated Court lacked jurisdiction to take cognizance of the offence under TADA due to absence of prior sanction from the Inspector General of Police, thus rendering any trial under the Explosive Substances Act also without jurisdiction. Held that the conviction under Section 5 of the Explosive Substances Act was illegal (Paras 10-12).
Issue of Consideration
Whether the Designated Court had jurisdiction to try the appellant under the Explosive Substances Act without prior sanction under TADA.
Final Decision
The Supreme Court allowed the appeal, set aside the conviction under Section 5 of the Explosive Substances Act, and ordered the appellant's release unless wanted in another case.
Law Points
- Jurisdiction
- cognizance
- sanction
- Explosive Substances Act
- TADA
- Designated Court
- prior approval
