TMI Blog2007 (12) TMI 534X X X X Extracts X X X X X X X X Extracts X X X X ..... 2006 by which the appellant has been convicted under Section 5 of the Explosive Substances Act, 1908 and has been sentenced to 5 years R.I. and a fine of ₹ 1,000/-. 2. The case of the prosecution, in brief, is that on 12.3.1992 Kamaljit Singh, SHO, Santokh Singh, SI and some other police personnel were going from village Kukar Pind to village Raipur in connection with investigation of a case bearing FIR No. 31 under Section 302/34 IPC, Section 25 Arms Act and Sections 3, 4 and 5 of Terrorist and Disruptive Activities (Prevention) Act, 1987 (hereinafter referred to as 'TADA'). When they reached on Byen Bridge in village Kukar Pind, they saw a person coming on foot. On seeing the police party he tried to run away but he was a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rts. Sub-section (1) of Section 9 of TADA provides that the Central Government or a State Government may, by notification in the Official Gazette, constitute one or more Designated Courts for such area or areas, or for such case or class or group of case as may be specified in the notification. Sub-section (1) of Section 11 of TADA lays down that notwithstanding anything contained in the Code of Criminal Procedure, every offence punishable under any provision of this Act or any rule made thereunder shall be triable only by the Designated Court within whose local jurisdiction it was committed or, as the case may be, by the Designated Court constituted for trying such offence under Sub-section (1) of Section 9. Sections 12 and 18 of TADA read ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... istrict Superintendent of Police. (2) No court shall take cognizance of any offence under this Act without the previous sanction of the Inspector-General of Police, or as the case may be, the Commissioner of Police. Therefore, with effect from 22.5.1993, in view of Sub-section (1) of Section 20A, no FIR about the commission of an offence under TADA can be recorded by the police without prior approval of the District Superintendent of Police. Similarly on account of Sub-section (2) of Section 20A no court can take cognizance of any offence under TADA without the previous sanction of the Inspector General of Police, or as the case may be, the Commissioner of Police. The effect of this amendment is that the Designated Court is debarred ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... urt proceeded without the sanction of the Inspector General of Police or the Commissioner of Police. In absence of previous sanction the Designated Court had no jurisdiction to take cognizance of the offence or to proceed with the trial of the appellant under TADA. 8. The Designated Court, while trying an offence under TADA, is undoubtedly empowered to try any other offence with which the accused may, under the Code of Criminal Procedure, be charged at the same trial if the offence is connected with such other offence in view of Section 12 of TADA and may convict such person of such other offence and may pass any sentence authorized by TADA or by such other law for the punishment thereof. But for application of Section 12 it is absolutel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ot triable by it, it shall, notwithstanding that it has no jurisdiction to try such offence, transfer the case for the trial of such offence to any Court having jurisdiction under the Code. 9. At this stage it will be useful to refer to the dictionary meaning of the word 'Jurisdiction': Black's Law Dictionary: Court's power to decide a case or issue a decree . Words and Phrases - Legally defined - Third Edition (p.497) : By 'jurisdiction' is meant the authority which a court has to decide matters that are litigated before it or to take cognizance of matters presented in a formal way for its decision. The limits of this authority are imposed by the statute, charter, or commission under which the court is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Designated Court had no jurisdiction to take cognizance of the offence. Since the Designated Court lacked inherent jurisdiction to try the offence under TADA it could not have tried the appellant even for offences under the Explosive Substances Act, 1908 or the Explosives Act, 1884. Thus the conviction of the appellant under Section 5 of the Explosive Substances Act, 1908 is illegal. 11. The aforesaid view has also been taken by this Court in Rambhai Nathabhai Gadhvi and Ors. v. State of Gujarat 1997CriLJ4806 and para 8 of the report is reproduced below: 8. Taking cognizance is the act which the Designated Court has to perform and granting sanction is an act which the sanctioning authority has to perform. Latter is a condition prec ..... X X X X Extracts X X X X X X X X Extracts X X X X
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