Supreme Court · 2019 INSC 280 · Decided 27 February 2019
The State of Gujarat v. Anwar Osman Sumbhaniya and ORS.
- Court
- Supreme Court of India
- Citation
- 2019 INSC 280 · [2019] 2 S.C.R. 749
- Case number
- CRIMINAL APPEAL No. 1359/2007
- Decided
- 27 February 2019
- Bench
- A.M. KHANWILKAR, AJAY RASTOGI (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 121, 121A, 122; Arms Act Section 25, 27(1), 29A
Headnote
Terrorist and Disruptive Activities (Prevention) Act, 1987: s.20- A(2) - Prior sanction under s.20A(2) - Validity of - By impugned order, Designated Court held that there was no prior sanction under s.20-A(2) before taking cognizance of the offence committed by the respondents sanction order showed that it adverted only to the FIR and proposal received from DSP - The noting in the sanction order was indicative of the fact that it was not a sanction to prosecute the accused but at best giving permission to apply the provisions of TADA - Such a sanction
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