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    <title>1990 (8) TMI 391 - Supreme Court</title>
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    <description>A terrorist charge under the TADA Act could be framed only where the record created a strong prima facie suspicion that the acted with intent to strike terror in the people or a section of the people. On the material described, the violence arose from inter-gang rivalry and an attempt to eliminate rivals, which may have caused fear but did not show the requisite terrorist intent; no prima facie offence under Section 3(1) was made out. Once that special charge failed, the Designated Court could not continue with the connected offences under the Act and had to transfer the matter to the ordinary criminal court under the statutory scheme. The case was therefore to proceed before the Sessions Court.</description>
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    <pubDate>Tue, 07 Aug 1990 00:00:00 +0530</pubDate>
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      <title>1990 (8) TMI 391 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=168297</link>
      <description>A terrorist charge under the TADA Act could be framed only where the record created a strong prima facie suspicion that the acted with intent to strike terror in the people or a section of the people. On the material described, the violence arose from inter-gang rivalry and an attempt to eliminate rivals, which may have caused fear but did not show the requisite terrorist intent; no prima facie offence under Section 3(1) was made out. Once that special charge failed, the Designated Court could not continue with the connected offences under the Act and had to transfer the matter to the ordinary criminal court under the statutory scheme. The case was therefore to proceed before the Sessions Court.</description>
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      <pubDate>Tue, 07 Aug 1990 00:00:00 +0530</pubDate>
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