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    <title>2012 (9) TMI 1247 - Supreme Court</title>
    <link>https://www.taxtmi.com/caselaws?id=313458</link>
    <description>Prior approval by the District Superintendent of Police under Section 20-A(1) of TADA was a mandatory condition precedent to recording information about an offence under the special statute. The claimed approval was not proved, and approval by other officers or later police hierarchy could not cure the defect; the omission went to the root of the prosecution and was not saved by Section 465 CrPC. Because the TADA prosecution was unsustainable, confessions recorded in that proceeding could not support convictions under the Arms Act or the Explosive Substances Act. The convictions and sentences were therefore set aside.</description>
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    <pubDate>Wed, 26 Sep 2012 00:00:00 +0530</pubDate>
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      <title>2012 (9) TMI 1247 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=313458</link>
      <description>Prior approval by the District Superintendent of Police under Section 20-A(1) of TADA was a mandatory condition precedent to recording information about an offence under the special statute. The claimed approval was not proved, and approval by other officers or later police hierarchy could not cure the defect; the omission went to the root of the prosecution and was not saved by Section 465 CrPC. Because the TADA prosecution was unsustainable, confessions recorded in that proceeding could not support convictions under the Arms Act or the Explosive Substances Act. The convictions and sentences were therefore set aside.</description>
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      <pubDate>Wed, 26 Sep 2012 00:00:00 +0530</pubDate>
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