In Brief
The appellant was arrested in 2004 after a decade of absconding in connection with large-scale smuggling of arms, ammunition, explosives and silver into Gujarat. He was charged under TADA and other statutes. After serving over 12 years in custody, he sought bail. The Supreme Court granted bail, holding that the FIR was registered without the mandatory prior approval from the District Superintendent of Police under Section 20A(1) of the TADA Act, which vitiates the proceedings. Even setting aside that fatal defect, the Court found bail justified given prolonged incarceration, only 25 of 192 witnesses examined, and no prospect of imminent trial completion, holding these factors outweigh flight risk in serious cases.
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