Bombay High Court
Bhalchandra
Versus
Inspector of Police
Decided On:

Headnote:Sections 5 and 18-Offence under Section 5-Petitioner found in possession of on authorised revolver in notified area when Section 5 altercated-Jurisdiction of designated Court.

       It is only when the basic ingredients of Section 5 of TADA Act are satisfied, namely, possession of an unauthorised fire-arm in a notified area, and in addition it must be prima facie established by the prosecution that such possession by the accused has direct nexus with terrorist and disruptive activities, that the provisions of T ANA Act are applicable to a particular case, the designated court has jurisdiction to deal with this aspect of the matter by applying its mind to the facts of each case and decide whether the provision of TANA Act are applicable or whether the matter should be forwarded to the regular court for trial.

       For citation : 1992 (2) Crimes 336 at p. 337 (Bom)