THE STATE OF GUJARAT HOME DEPARTMENT SECRETARY vs RAJAK ISHAK SANGHAR — Crl.A. No. 1096 - 1099/2008
Case under 1507Comp-criminal Law : Prevention of Terrorism Act (Pota) and National Security Act (Nsa), Conservation of Foreign Exchange and Prevention of Smuggling Activities Act (Cofeposa), Unlawful Activities (Prevention) Act (Uapa), Terrorist and Disruptive Activities (Prevention) Act (Tada)(matters Filed by the State Government/complainant Against Acquittals or Reduction of Sentence) Section II-E. Status: DISPOSED.
CNR: SCIN010135642008
Filing Date
07-May-2008
Registration No
Crl.A. No. 1096 - 1099/2008
Diary Number
13564/2008
Order Date
25-Jul-2024
Document Type
ROP - of Main Case
Disposal Type
Dismissed
Data as of 03-Jul-2026
Acts & Sections
Petitioner(s)
THE STATE OF GUJARAT HOME DEPARTMENT SECRETARY
Adv. SWATI GHILDIYAL [P-1] ANIRUDDHA P. MAYEE (Dead / Retired / Elevated) [P-1]
Respondent(s)
RAJAK ISHAK SANGHAR
Adv. NIDHI[R-10] NIDHI[R-11] NIDHI[R-12] NIDHI[R-13] NIDHI[R-14] NIDHI[R-15] NIDHI[R-2] NIDHI[R-3] NIDHI[R-4] NIDHI[R-5] NIDHI[R-6] NIDHI[R-7] NIDHI[R-8] NIDHI[R-9] NIDHI[R-1] SHIV KUMAR SURI (Dead / Retired / Elevated) [R-1] SHIV KUMAR SURI (Dead / Retired / Elevated) [R-2] [SCLSC] SHIV KUMAR SURI (Dead / Retired / Elevated) [R-3] [SCLSC] SHIV KUMAR SURI (Dead / Retired / Elevated) [R-4] [SCLSC] SHIV KUMAR SURI (Dead / Retired / Elevated) [R-5] [SCLSC] SHIV KUMAR SURI (Dead / Retired / Elevated) [R-6] [SCLSC] SHIV KUMAR SURI (Dead / Retired / Elevated) [R-7] [SCLSC] SHIV KUMAR SURI (Dead / Retired / Elevated) [R-8] [SCLSC] SHIV KUMAR SURI (Dead / Retired / Elevated) [R-9] [SCLSC] SHIV KUMAR SURI (Dead / Retired / Elevated) [R-10] [SCLSC] SHIV KUMAR SURI (Dead / Retired / Elevated) [R-11] [SCLSC] SHIV KUMAR SURI (Dead / Retired / Elevated) [R-12] [SCLSC] SHIV KUMAR SURI (Dead / Retired / Elevated) [R-13] [SCLSC] SHIV KUMAR SURI (Dead / Retired / Elevated) [R-14] [SCLSC] SHIV KUMAR SURI (Dead / Retired / Elevated) [R-15] [SCLSC] SHIV KUMAR SURI (Dead / Retired / Elevated) [R-1] [SCLSC]
Hearing History
Judge: HON'BLE MR. JUSTICE SUDHANSHU DHULIA and HON'BLE MR. JUSTICE AHSANUDDIN AMANULLAH
Fixed Date by Court
Next Week / Week Commencing / C.O.Week
Next Week / Week Commencing / C.O.Week
Next Week / Week Commencing / C.O.Week
Next Week / Week Commencing / C.O.Week
| Date | Purpose |
|---|---|
| 25-Jul-2024 | Fixed Date by Court |
| 24-Jul-2024 | Next Week / Week Commencing / C.O.Week |
| 18-Jul-2024 | Next Week / Week Commencing / C.O.Week |
| 15-Feb-2024 | Next Week / Week Commencing / C.O.Week |
| 14-Feb-2024 | Next Week / Week Commencing / C.O.Week |
Orders
Case Summary: State of Gujarat v. Rajak Ishak Sanghar (Crl.A. 1096-1099/2008) Outcome: The Supreme Court dismissed the State's appeals and upheld the acquittal of all respondents. The TADA Court at Jamnagar had acquitted the accused of charges under both the TADA Act and Arms Act, finding: (1) a mandatory violation of TADA Section 20-A procedural requirements—TADA charges were added without prior sanction from the District Superintendent of Police; and (2) the prosecution failed to prove the recovered carbine was in working condition through expert reports, and the weapon was not loaded. Key Finding: The Court agreed the TADA violation was fatal and irreparable, making the entire proceeding invalid. Evidence of working condition for firearms is mandatory under Arms Act prosecutions. This case analysis is maintained by casestatus.in based on publicly available court records.
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