Supreme Court · 2016 INSC 370 · Decided 4 May 2016
State of Rajasthan v. Mohinuddin Jamal Alvi & ANR.
- Court
- Supreme Court of India
- Citation
- 2016 INSC 370 · [2016] 2 S.C.R. 649
- Case number
- CRIMINAL APPEAL No. 2464/2014
- Decided
- 4 May 2016
- Bench
- A.K. SIKRI, R.K. AGRAWAL (2-judge bench)
- Outcome
- Disposed off
- Case type
- Criminal
Headnote
Terrorist and Disruptive Activities (Prevention) Act, 1987 - ss . . (3)(2)(ii), 3(3), 6(1) and 20A - Requirement of approval u!s. 20A - Whether it is only 'District Superintendent of Police' whose approval will meet the requirements u!s. 20A, or it can be given by an officer higher in rank - Held: 'District Superintendent of Police' would not be competent to give approval - In the instant case, since the prior approval of 'District Superintendent of Police' was not taken, the trial under the provisions of TADA Act and Explosive Substances Act got vitiated - Acci•sed are liable to
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