IMPORTANT POINT
Section 20A of TADA Act, 1987 is mandatory.

JUDGMENT

L. NAGESWARA RAO, J.

This Appeal is filed against the Judgment dated 16.06.2010 in Criminal Misc Sr. No.44 of 2010 by which the Court of Designated Judge (TADA) at Porbandar (hereinafter referred to as the `Designated Court') rejected the bail application filed by the Appellant under Section 439 Cr.P.C. and Section 20 (8) of the Terrorist and Disruptive Activities (Prevention) Act, 1987 (hereinafter referred to as the ‘Act').

2. Crime No. I-43 of 1994 was registered under Section 154 Cr.P.C. for offences committed under Section 121, 121A, 122, 123, 124B r/w 34 of the Indian Penal Code, Section 25 (1A), (1B) and 25(1AA) of the Arms Act, Sections 9-B of the Explosives Act, Sections 3, 4, 5 and 6 of the Explosive Substances Act and Sections 3, 4 and 5 of the Act. The statement of one Suresh recorded under Section 108 of the Customs Act revealed that explosive substances, powder RDX boxes, bags containing fire arms, 45 bags of weapons, 15 boxes of RDX and 225 pieces of silver ingots were smuggled into the country and taken to Zaroli and Dhanoli villages of Valsad District. The first charge-sheet was filed on 12.01.1995 in which the name of the Appellant is found at serial No.1 in column No.2 which refers to persons who were absconding. The 11th supplementary Charge-sheet was filed on 06.06.2005 wherein it was mentioned the Appellant was arrested at 1700 hrs on 10.12.2004.

3. The involvement of the Appellant in the crime was set out in detail in the charge-sheet dated 06.06.2005. The Appellant conspired with Iqbal A Hussain and others sent by Mustapha Majnu Sheikh from Mumbai at his residence at Memonwada, Porbandar and finalized the plan to unload the ammunition. It was mentioned, inter alia, that the Appellant was present at the time of delivery of RDX, weapons etc. and he supervised the transport of some weapons to his house. The rest of the material was loaded in three tempos and was sent to Ghanoli village. Thereafter the Appellant fled away to Dubai.

4. On 17.12.2010 the Appellant filed Criminal Misc. Application No.44 of 2010 in TADA case No. 3 of 2005 in the Designated Court seeking bail under Section 439 Cr.P.C. read with Section 20 (8) of Act. The Designated Court by its judgment dated 16.06.2010 dismissed the bail application and held that on perusal of the material on record, a prima facie case of Appellant's involvement in serious offences under TADA was made out. The Designated Court refused to release the Appellant on bail after examining his confessional statement recorded under Section 15(2) TADA. The Court also took note of the fact that the Appellant absconded for 10 years from 08.03.1994 to 10.12.2004. Likelihood of tampering of evidence and witnesses being influenced were also grounds which were taken into consideration by the Designated Court to deny bail. The Appellant filed this appeal challenging the validity of the said judgment dated 16.06.2010 of the Designated Court.

5. Mr. Sushil Kumar, learned Senior Counsel appearing for the Appellant submitted that the entire proceedings are vitiated due to no prior approval being taken from the District Superintendent of Police under Section 20A (1) of the TADA Act before registration of First Information Report. He further submitted that 192 witnesses have been cited out of whom only 25 witnesses have been examined so far and there is no likelihood of the completion of the trial in the near future. He also stated that many of the other accused have either been released on bail or had the benefit of the proceedings against them being quashed. He pleaded for grant of bail in view of his long incarceration for more than 12 years. To buttress his submission the counsel relied upon the judgments of this Court in Izharul Haq Abdul Hamid Shaikh v. State of Gujarat, (2009) 5 SCC 283, Ashrafkhan v. State of Gujarat, (2012) 11 SCC 606 and Hussein Ghadially v. State of Gujarat (2014) 8 SCC 425.

6. Mr. Yashank Adhyaru, learned Senior Counsel appearing for the Respondent-S