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TMI Blog2016 (5) TMI 1282X X X X Extracts X X X X X X X X Extracts X X X X ..... plosive Substances Act,1908. The TADA Court has acquitted two accused, namely, M. Jamal Alvi and Habib Ahmed. Against their acquittal, State of Rajasthan has filed appeals which are registered as Criminal Appeal Nos. 2464-66 of 2014. Other two accused, namely, Abre Rehmat Ansari @ Qari and Dr. Mohd. Jalees Ansari, have been convicted by the TADA Court and challenging that conviction, these persons have filed Criminal Appeal Nos. 464-466 of 2013. It is for this reason, we have heard all these appeals together which are being disposed of by this common judgment. Mr. R.K. Dash, learned senior counsel, appearing for the convicted accused persons submitted at the outset that he would not be going into the merits of the case because of the reas ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... can be given by an Officer higher in rank. This question is no more res integra and is settled by a series of judgments of this Court. It is not necessary to give account of all those judgments as in the latest judgment rendered by this Court in Hussein Ghadially @ M.H.G.A.Shaikh & Ors. vs. State of Gujarat (2014) 8 SCC 425, all the previous precedents are taken note of and on that basis, this Court has reiterated the position in law that even an authority higher in rank would not be competent to give the approval as required under sub-Section(1)of Section 21A of the TADA Act. The same has been interpreted in the said judgment in the following manner: "21. A careful reading of the above leaves no manner of doubt that the provision starts w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hereof, alone a decision whether or not information regarding commission of an offence under TADA should be recorded can be taken. Exercise of the power granting or refusing approval under Section 20-A (1) in its very nature casts a duty upon the officer concerned to evaluate the information and determine having regard to all attendant circumstances whether or not a case for invoking the provisions of TADA is made out. Exercise of that power by anyone other than the designated authority viz. the District Superintendent of Police would amount to such other authority clutching at the jurisdiction of the designated officer, no matter such officer or authority purporting to exercise that power is superior in rank and position to the officer au ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as registered on 19-3-1995 under the Arms Act. The DSP did not give any prior approval on his own to record any information about the commission of an offence under TADA. On the contrary, he made a report to the Additional Chief Secretary and asked for permission to proceed under TADA. Why? Was it because he was reluctant to exercise jurisdiction vested in him by the provision of Section 20-A(1)? This is a case of power conferred upon one authority being really exercised by another. If a statutory authority has been vested with jurisdiction, he has to exercise it according to its own discretion. If the discretion is exercised under the direction or in compliance with some higher authority's instruction, then it will be a case of failure to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... inhji Jadeja & Anr. (Supra), it becomes clear that this Court had given the aforesaid two reasons while holding that the trial against the accused persons in the said case under TADA was vitiated. However, that does not mean that both the reasons have to be satisfied. Even both are independent of each other and even if one violation is found that would be sufficient to upset the trial. That is what this Court did in Hussein Ghadially @ M.H.G.A.Shaikh & Ors. (Supra). From the aforesaid it becomes clear that since the prior approval of the District Superintendent of Police was not taken in the instant case, the trial got vitiated on this ground itself. The appeals filed by the convict persons being Criminal Appeal Nos. 464-466 of 2013 are al ..... X X X X Extracts X X X X X X X X Extracts X X X X
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