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1994 Supreme(SC) 373

B.P.JEEVAN REDDY, M.K.MUKHERJEE, S.C.AGRAWAL
Kazi Lhendup Dorji – Appellant
Versus
Central Bureau Of Investigation – Respondent


Advocates:
B.N.AGRAWAL, H.L.BHANDARI, HEMANT SHARMA, K.PARASARAN ATTORNEY, K.RAJENDRA CHAUDHARY, K.SWAMY, K.T.S.Tulsi, N.SANTOSH HEGDE, P.H.Parekh, P.PARMESHVARAN, P.R.TIVARI, RAKESH K.SHARMA, RAM JETHMALANI, SHIVI SHARMA, VEPA P.SARATHI

Judgment

S.C. AGRAWAL, J.- This writ petition filed under Article 32 of the Constitution raises the question whether it is permissible to withdraw the consent given by the State Government under Section 6 of the Delhi Special Police Establishment Act, 1946 (hereinafter referred to as the Act) whereby a member of the Delhi Special Police Establishment (DSPE) was enabled to exercise powers and jurisdiction for the investigation of the specified offences in any area in the State and, if so, what is the effect of such withdrawal of consent on matters pending investigation on the basis of such consent on the date of withdrawal.

2. The Act was enacted to make provision for the constitution of a special police force in Delhi for the investigation of certain offences in the Union Territories, for the superintendence and administration of the said force and for the extension to other areas of the powers and jurisdiction of members of the said force in regard to the investigation of the said offences. DSPE constituted under the said Act is now known as the Central Bureau of Investigation (CBI). Sections 5 and 6 of the Act read as under:

"5. (1) The Central Government may by order extend to any























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