- (1.) All these appeals arise out of a common judgment dated 24.04.2012 rendered by the Designated Court for Rajasthan at Ajmer in TADA Special Case Nos. 1, 2 & 3 of 1999.
(2.) Four accused persons were arrayed and prosecuted by the prosecution under Sections 3(2)(ii), 3(3) and 6(1) of the Terrorist and Disruptive Activities (Prevention) Act, 1987(hereinafter referred to as "TADA Act" and Section 4A of the Explosive Substances Act,1908. The TADA Court has acquitted two accused, namely, M. Jamal Alvi and Habib Ahmed. Against their acquittal, State of Rajasthan has filed appeals which are registered as Criminal Appeal Nos. 2464-66 of 2014. Other two accused, namely, Abre Rehmat Ansari @ Qari and Dr. Mohd. Jalees Ansari, have been convicted by the TADA Court and challenging that conviction, these persons have filed Criminal Appeal Nos. 464-466 of 2013. It is for this reason, we have heard all these appeals together which are being disposed of by this common judgment.
(3.) Mr. R.K. Dash, learned senior counsel, appearing for the convicted accused persons submitted at the outset that he would not be going into the merits of the case because of the reason that the prosecution has to fail due to non-compliance of the mandatory requirements of Section 20A of the TADA Act. For this reason, we are eschewing any discussion on the merits of the case. Section 20A deals with the cognizance of offense that has to be taken under TADA Act and reads as under :- "20-A Cognizance of offence. (1) Notwithstanding anything contained in the Code, no information about the commission of an offence under this Act shall be recorded by the police without the prior approval of the District 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.";