Delhi Special Police Establishment Act, 1946 (in short '' DSPE Act '), could appear to investigate the same, unless there was a specific consent ... given by the concerned State under Section 6 of the DSPE Act. The Supreme Court rejected the said contention holding that if the offence
under DCS Act, 1972 are not notified under Section
3 of DSPE Act, 1946 and hence he cannot be tried for the same. In
fact ... offence which is not notified u/s 3 of DSPE
Act. He has also submitted that consent of State has not been
obtained before prosecuting
will be open to executive to exercise its power under DSPE Act - Therefore, held, impugned G.O. liable to be set aside for want
established by an
executive order. Later the Delhi Special Police Establishment Act
(DSPE) was enacted on 19.11.1946. The said Act makes provision
for the constitution ... Act operates as provisio to Section 5 . It says
nothing contained in Section 5 shall be deemed to enable any
member of the DSPE