RAJENDRA SINGH RAUTELA Vs. STATE OF ASSAM

JUDGEMENT

(1.) This criminal revision under section 397/401 Crimial P.C. has come up for hearing before this Bench as one of us (Baruah, J), when it came up for hearing, opined that considering importance of the point involved it should be decided by a larger Bench and directed it to be placed before Hon'ble Chief Justice for necessary orders. Ever since, it is being listed before a Division Bench. It is accordingly listed before this Bench. The point raised in this criminal revision is whether a criminal prosecution under section 3, ,4 and 6 of the Terrorist and Disruptive Activities (Prevention) Act, 1987, for short TADA, to be quashed by this Court in exercise of its revisional jurisdiction under section 397/401 Crimial P.C. or inherent powers under section 482CrPC.

(2.) The petitioner is serving as a Manager in Dajoo Tea Estate within the jurisdiction of Police Station North Lakhimpur. He possess a 22 bore Rifle and a DBBL Gun under valid licence. His wife also has a revolver covered by a valid licence.

(3.) On 2.3.90 he was served with a notice to deposit the licenced gun on the police station for safe custody, but he could not deposit the same as he sustained a fracture and could not move from his residence.