KAUSHIKBHAI RATILAL BHAVSAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS appeal arises out of a judgment and order dated 26.2.93 rendered by the Designated Court at Ahmedabad under the TADA Act. Though the appellant, original accused was charged with several offences including some of the offences punishable under the TADA Act, he was acquitted in all offences except one under section 380 of the Indian Penal Code.

(2.) LEARNED advocate Shri Panchal appearing for Shri J.R.Dave for the appellant, at the outset, pointed out that in view of section 19 of the TADA, the appeal would not be competent as the appellant would have to approach the Apex Court against the judgment of the Designated Court. My attention was drawn to a decision of the Apex Court in the case of Kartar Singh v. State of Punjab, reported (1994) 3 SCC 569 wherein the Apex Court made the following observations :

(3.) IN view of the above position, the appeal is disposed of as not competent. Bail bond stands cancelled. Appellant however shall have time of eight weeks from today to surrender/enable him to file appeal and seek bail.