IMPORTANT POINT
Mandatory provisions are to be followed strictly.

JUDGMENT

Ganguly, J. —

Heard learned counsel for the parties.

2. This is a statutory appeal under Section 19 of Terrorist and Disruptive Activities (Prevention) Act, 1987 (hereinafter referred to as “the said Act”) impugning an order dated 10.9.2009 passed by the Designated Court TADA. The learned counsel appearing for the sole appellant has impugned the judgment of the designated court (TADA) on various grounds but at the time of arguments, he made emphasis on a particular ground, namely, that in the instant case, the FIR has been recorded in clear violation of the provisions contained under Section 20(A)(1) of the said Act, as a result whereof, the entire proceeding subsequent thereto has been vitiated and this has also vitiated the judgment and order of the designated court.

3. The material facts of the facts are these. That FIR was lodged on 6.11.1993 by one Ajit Kumar Sarma, Office-in-Charge of Bihpuria Police Station against several persons including the appellant. Of the four accused persons, no charges were framed against Moni Pathak. In so far as Bhaben Gogoi @ Bikram was concerned, he was acquitted by the designated court and Indreswar Hazarika @ Babul Handique died during the pendency of the proceedings before the designated court. Only Rangku Dutta @ Ranjan Kumar Dutta was convicted and is the appellant before us.

4. The FIR which has been lodged on 6.11.1993 runs as follows:-

“I beg to report that on 5.11.93 at 2150 hrs. while SI AQM Zahingir I/C Dholpur O.P. along with the PSO Hav. Loknath Konwar and other police personnel were informed law and order duty in connection with Debraj Theatre show at Dhalpur circle in open place by the side of Hill, some ULFA extremist fired at SI AQM Zahingir and PSO Hav. Loknath under simultaneously from a close range behind them and as a result both of them succumbed to injuries.

Earlier of this incident on 5.10.93 an encounter took place between the ULFA with Dhalpur O.P. Place and under the leadership of SI AQM Zahangir I/C Dhalpur O.P. where Lakhimpur Dist. ULFA commander Jogen Gogoi killed and since them the banned ULFA activists associates of Jogen Gogoi were planning with criminals conspiracy to liquidate SI AQM Zahingir.

On 5.11.93 evening the said ULFA activists with the help of Sri ranku Dutta got identified SI AQM Zahingir and then ULFA extremist namely (1) Sri Indreswar Hazarika @ Babul Handique (2) Sri Nobel Gogoi @ Bikram under the leadership of Sri Moni Pathak @ Debo Pathak taking advantage of darkness attacks simultaneously with fire arms and killed SI AQM Zahingir and PSO Hav. Loknath Knowar.

So I request to register a case under Section 120(B)/302 IPC R/W 3/4/5 TADA(P) Act, 1987 against the (illegible) ULFA activist and four others associates, I have already taken up the investigation of the case.”

4. On the basis of the FIR, a case being Bihpuria Police Station Case No. 497 of 1993, was initiated under Section 120B/302 IPC read with Section 3 / 4 and 5 TADA (P) Act and the designated court vide order dated 31st October, 2002 framed charges against the appellant, inter alia, under Section 120(B)/302 of the Indian Penal Code and Section 3(2)(1) of the said Act. Thereafter, the designated court by impugned judgment dated 10th September, 2009 passed in TADA Sessions Case No. 116 of 2000 found the appellant guilty of offences punishable under Section 120B/302 IPC read with Section 3(2)(1) of the said Act and sentenced him to undergo imprisonment for life and to pay a fine of Rs. 2000/-, in default further imprisonment for two months.

5. Learned counsel appearing for the appellant urged that in accordance with the provisions contained under Section 20(A)(1) of the said Act, no information about the commission of any offence under the said Act shall be recorded by the Police without prior approval of the District Superintendent of Police.

6. Learned Counsel submitted that the said provision under Section 20(A)(1) was incorporated by way of an amendment vide Section 9 of Ac