In Brief
The State of Gujarat appealed the acquittal of three respondents charged with illegal possession of firearms and walky-talkies under TADA and the Arms Act. The Supreme Court dismissed the appeals, holding that the TADA prosecution was invalid due to defective sanction orders. While a prior oral approval can be valid if followed by formal written approval, the sanction orders before conviction failed to demonstrate the sanctioning authority's conscious application of mind to evidence gathered against each accused. Notably, regarding the third respondent, mere possession of walky-talkies could not justify TADA prosecution. The Court affirmed that confessional statements recorded under TADA are inadmissible for other offences when TADA jurisdiction is lacking, and no independent legally admissible evidence supported convictions under other statutes."
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