TaxTMI 
TaxTMI 
2017 (2) TMI 517
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....ct'). 2. Crime No. I-43 of 1994 was registered under Section 154 Cr.P.C. for offences committed under Section 121, 121A, 122, 123, 124B r/w 34 of the Indian Penal Code, Section 25 (1A), (1B) and 25(1AA) of the Arms Act, Sections 9-B of the Explosives Act, Sections 3, 4, 5 and 6 of the Explosive Substances Act and Sections 3, 4 and 5 of the Act. The statement of one Suresh recorded under Section 108 of the Customs Act revealed that explosive substances, powder RDX boxes, bags containing fire arms, 45 bags of weapons, 15 boxes of RDX and 225 pieces of silver ingots were smuggled into the country and taken to Zaroli and Dhanoli villages of Valsad District. The first charge-sheet was filed on 12.01.1995 in which the name of the Appellant is fo....
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....hood of tampering of evidence and witnesses being influenced were also grounds which were taken into consideration by the Designated Court to deny bail. The Appellant filed this appeal challenging the validity of the said judgment dated 16.06.2010 of the Designated Court. 5. Mr. Sushil Kumar, learned Senior Counsel appearing for the Appellant submitted that the entire proceedings are vitiated due to no prior approval being taken from the District Superintendent of Police under Section 20A (1) of the TADA Act before registration of First Information Report. He further submitted that 192 witnesses have been cited out of whom only 25 witnesses have been examined so far and there is no likelihood of the completion of the trial in the near futu....
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....hall 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." 8. In Izharul Haq Abdul Hamid Shaikh's case (Supra) this Court granted bail to the Appellant therein. In the said case also the FIR was registered on 08.03.1994 relating to the smuggling of arms and ammunition at Porbandar. This Court held that prior approval under Section 20A (1) of the Act was a sine qua non for recording of First Information Report. The Appellant therein was granted relief on the ground that prior approval was not obtained before recording the FIR. The submission of Mr. Sushil Kumar, who appeared for the Appellant in that case, that prior approval under....
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....of 192 witnesses have been examined so far. D. There is no likelihood of the completion of trial in the near future. E. Though there is a confessional statement of the Appellant recorded under Section 15 of the TADA, the same cannot be looked into by us in view of the violation of Section 20A (1) of the TADA Act. 11. This Court has consistently recognised the right of the accused for a speedy trial. Delay in criminal trial has been held to be in violation of the right guaranteed to an accused under Article 21 of the Constitution of India. (See: Supreme Court Legal Aid Committee v. Union of India, (1994) 6 SCC 731; Shaheen Welfare Assn. v. Union of India, (1996) 2 SCC 616) Accused, even in cases under TADA, have been released on bail on t....