VidhiSangh

Supreme Court of India · 16/10/2019

EBHA ARJUN JADEJA & ORS. versus THE STATE OF GUJARAT

[2019] 13 S.C.R. 741 · 2019 INSC 1148

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Summary

Accused found with prohibited arms in a TADA-notified area challenged recording of information before the prescribed approval. The Court held prior approval mandatory and fatal to the TADA prosecution on these facts, while preserving prosecution under other law. It distinguished urgent investigation of an independent serious principal offence from a case where the same arms recovery formed the entire basis of both offences.

Issues

  1. Whether subsequent approval cured recording TADA information without prior approval.
  2. How the safeguard operated where independent serious offences also required immediate investigation.

Provisions considered

Held

Result

The appeal was allowed and the Designated Court order set aside. The appellants were discharged from TADA offences, while prosecution under the Arms Act or other applicable law remained permissible. Pending applications were disposed of.

Judgment PDF: Supreme Court of India, [2019] 13 S.C.R. 741.