Supreme Court · 1997 INSC 600 · Decided 6 August 1997
Rambhai Nath Bhai Gandhvi and ORS. v. State of Gujarat
- Court
- Supreme Court of India
- Citation
- 1997 INSC 600 · [1997] SUPP. 3 S.C.R. 356
- Case number
- CRIMINAL APPEAL No. 1909/1996
- Decided
- 6 August 1997
- Bench
- A.S. ANAND, K.T. THOMAS (2-judge bench)
- Outcome
- Case Partly allowed
- Case type
- Criminal
- Acts & sections cited
- CrPC; Arms Act Section 25
Headnote
Criminal law : Criminal Procedure Code, 1973: C Section 197--Cognizance of offence-Duty of court-No valid sanction order for prosecution-Held, Court has no jurisdiction to take cognizance. Terrorist and Disruptive Activities [Prevention} Act, 1987-Section 20A-Sanction order for 1959 Section 2~Trial under TADA vitiated for want of valid sanction - No valid trial could be held by the Designated Court into any other offence including under the Anns Act as it has no such independent power. The accused in this case were actively engaged In smuggling of goods particularly
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