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may 2016

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.

STATE OF RAJASTHAN vs MOHINUDDIN JAMAL ALVI · Niyam