STATE OF ANDHRA PRADESH Vs. A SATHYANARAYANA

JUDGEMENT

(1.) This appeal is directed against the order of the learned Designated court, Karimnagar, returning the charge- sheet to be filed before an appropriate court by deleting Sections 5 and 6 of the terrorists and Disruptive Activities (Prevention) act, 1987 (hereinafter referred to as "tada"). The learned Designated Judge being of the view that there was no prior approval of the District Superintendent (DSP) in writing as required under Section 20-A (1) of TADA and the order dated 6-1- 1994 issued by the Superintendent of police tantamount to post facto sanction of the registration of the case, he passed the impugned order.

(2.) The facts are undisputed that on 6-1-1994 the Sub Inspector of Police, huzurabad seized certain explosive substances and then contacted the superintendent of Police, Karimnagar on VHP who is the appropriate authority for getting prior approval for registering a case under Section 20-A (1) of TADA. The said superintendent of Police instructed the Sub inspector to register the case and book the accused under Sections 4 and 5 of TADA in compliance of which the Sub Inspector did register the case. The said Superintendent of Police on the self-same day, i. e. , on 6-1-1994, accorded approval in writing for registration of the case under Sections 4 and 5 of TADA which however reached the Sub Inspector on the 7th of January 1994. When the chargesheet was filed, the learned Designated Judge on the basis of the aforesaid materials being of the opinion that there was no approval in writing of the competent authority the registration of the case under the TADA is bad in law, directed return of papers for being presented in appropriate forum.

(3.) The State of A. P. is in appeal against the aforesaid order. When this matter came up before a Bench of this Court, as two divergent views of two-Judge Benches of this Court were placed, the matter had been referred to us.