In Brief
In this TADA Act case, the appellant was charged with conspiracy to smuggle arms following the 1992 Babri Masjid demolition, but arrested only in 2005. The Supreme Court granted bail, finding that the FIR was registered without the mandatory prior approval from the District Superintendent of Police required under Section 20A(1) of the TADA Act. The court held that this procedural violation vitiates the proceedings. Additionally, after 23 years no charges had been framed despite the appellant spending over 12 years in jail, which independently warranted bail release.
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