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A.M.AHMADI, B.P.JEEVAN REDDY, J.S.VERMA, N.P.SINGH, P.B.SAWANT
Sanjay Dutt – Appellant
Versus
State Through C. B. I. , Bombay – Respondent
The judgment clarifies the nature of the "notice" required to the accused before a Designated Court grants an extension of time for completing the investigation under Section 20(4)(bb) of the TADA Act (modifying Section 167(1) of the CrPC).
It holds that no written notice to the accused—giving reasons for the extension or requiring a show-cause reply—is necessary. Instead, mere production of the accused before the court at the time the extension is considered, along with informing him that the question of extension is under consideration, fully satisfies the notice requirement. This aligns with the production mandate under Section 167(1) CrPC and ensures the accused's awareness without additional formalities. (!) (!) (!)
This interpretation stems from the context of prior judicial observations on default bail rights, emphasizing practicality in TADA proceedings. (!) (!) (!) (!)
J. S. VERMA, J.:- By an order dated 18-8-1994 made in these special leave petitions by the Division Bench (B. P. Jeevan Reddy and N. P. Singh, JJ.), these matters relating to grant of bail to the petitioner, an accused in Bombay blasts case being tried by the Designated Court for Greater Bombay have been referred for decision by a Constitution Bench since certain questions involved in these special leave petitions arise in respect of a large number of persons accused of offences punishable under the Terrorist and Disruptive Activities (Prevention) Act, 1987 (hereinafter referred to as the TADA Act). This is how these matters have come up for decision by this Bench. At the commencement of hearing before us, we had indicated that this Bench would decide only the questions of law involved in the case as indicated in the order of reference and then send back these matters to the appropriate Division Bench lor decision on merits in accordance with the answers we give to the questions of law. Accordingly, only those facts which arc material for appreciating the questions of law which are being decided by us require mention in this order.
2. The questions of law indicated in the said order
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