Supreme Court of India · 2016-05-04
STATE OF RAJASTHAN vs MOHINUDDIN JAMAL ALVI
- Citation / case number
- SC 2012/33195
- Court
- Supreme Court of India
- Petitioner
- STATE OF RAJASTHAN
- Respondent
- MOHINUDDIN JAMAL ALVI
- Author
- A.K. SIKRI
- Bench
- R.K. AGRAWAL A.K. SIKRI
Judgment text excerpt
The Supreme Court held that the approval for recording information about an offense under the TADA Act must be obtained from the District Superintendent of Police as mandated by Section 20A. The Court ruled that the approval from an authority higher than the District Superintendent is insufficient, reaffirming the legal principle established in Hussein Ghadially @ M.H.G.A.Shaikh & Ors. vs. State of Gujarat (2014) 8 SCC 425. Consequently, the appeals by the State of Rajasthan against the acquittal of two accused were dismissed due to non-compliance with mandatory statutory requirements.