Naveed Hussain Khan Rasheed Hussain ... vs The State Of Maharashtra on 21 July, 2025
719. Learned Sr. Counsel Nitya Ramakrishnan further stated that the
only provision similar to S.23(1)(a) of MCOCA in Indian law, was
S.20A(1) of TADA. The Supreme Court has held that prior approval
under S.20A(1) of TADA, must be given only after proper application
of mind, which involves checking the veracity of allegations by
enquiring into the records relating to the same. In the absence of such
verification, the prior approval is neither proper nor valid, and
proceedings are vitiated. A reliance has been placed for this purpose on
the judgments of the Hon'ble Supreme Court in the case of
Anirudhsinhji Karansinhji Jadeja v. State of Gujarat reported in (1995)
5 SCC 302 and Ashrafkhan v. State of Gujarat reported in (2012) 11
SCC 606.