HIRABHAI CHHIBABHAI TANDEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Leave granted.

(2.) In Special Case No. 2 of 2001, the learned Designated Judge has framed a charge against the appellant under sub-sections (3) and (4) of section 3 of the Terrorist and Disruptive Activities (Prevention) Act, 1987 (for short "the TADA Act") and under Section 212 of the Indian Penal Code. The principal accused is one Haji Haji Ismail against whom the challan has been filed. Though the accused is absconding and has not been apprehended and put up for trial so far, the appellant was impleaded by way of a supplementary challan filed by the police. The two provisions of the TADA act under which the appellant has been charged read as under:

(3.) A perusal of the challan papers shows that there is no material available against the appellant based on which he could be charged under sub-section (3) Section 3 of the TADA Act. The only allegation made against the appellant is that the appellant harboured the principal accused Haji Haji ismail on or about 12-4-2001.