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

DISPOSED

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

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Acts & Sections

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

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

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

View Full Judgment
casestatus.in Summary

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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