BHASKAR vs STATE REP.BY INSPECTOR OF POLICE

The Supreme Court upheld the decision of the High Court, affirming that the trial court is not obliged to conduct a de novo trial under Section 326 of the Code of Criminal Procedure. The appellant's argument that the trial under the Terrorist and Disruptive Activities (Prevention) Act, 1987 (TADA) is materially different from a Sessions Court trial was rejected. The Court clarified that the continuity of the trial is permissible and does not violate the principles of justice, thus dismissing the appeal against the order of the High Court.