In Brief
The State of Rajasthan appealed against acquittals, while convicted persons appealed their convictions in a TADA case. The central issue was whether the mandatory prior approval under Section 20-A(1) of the TADA Act could be granted by a superior officer (Additional Director General of Police) rather than the specifically designated District Superintendent of Police. The Court held that statutory authority cannot be substituted, even by superior rank. The legislature specifically designated the District Superintendent of Police to ensure independent application of mind. Approval by any other officer, however senior, vitiates the trial. The convictions were quashed, and the State's appeals were dismissed.
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