In Brief
Ebha Arjun Jadeja and others were charged with illegal possession of a prohibited weapon in a notified area under the TADA Act. The Supreme Court held that the failure to obtain the mandatory sanction required by Section 20A(1) of the TADA Act before prosecution was fatal to the charges under that Act. The appellants were discharged of the TADA offence but could still face prosecution under the Arms Act. The Court distinguished cases where prohibited weapons are merely incidental to graver crimes like murder, where sanction procedures must still be observed but the main offence can be prosecuted initially without such sanction."
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