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
Special Police Establishment Act,
1946 (Hereinafter referred to as the ' DSPE Act ', for brevity), the
Central Government is empowered to constitute a special ... would submit that in terms of Section 2(3) of the
DSPE Act, the same would not render the proceedings
which is established under the Delhi Special Police Establishment Act, 1946 (DSPE Act ), who are empowered to act
under the PC Act , the Police Officers ... other laws and to vest this power exclusively in the DSPE. The DSPE Act seems to be only permissive or
empowering, intended merely to enable
which is established under the Delhi Special Police Establishment Act, 1946 (DSPE Act ), who are empowered to act
under the PC Act , the Police Officers ... other laws and to vest this power exclusively in the DSPE. The DSPE Act seems to be only permissive or
empowering, intended merely to enable
which is established under the Delhi Special Police Establishment Act, 1946 (DSPE Act ), who are empowered to act
under the PC Act , the Police Officers ... other laws and to vest this power exclusively in the DSPE. The DSPE Act seems to be only permissive or
empowering, intended merely to enable
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
then been submitted by accused that
requirement of Section 3 of DSPE Act has not been fulfilled by
CBI as the offences under DCS Act ... before
commencing the investigation which is violative of Section 6 of
DSPE Act.
28. In this respect, I fully agree with the submissions
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
been submitted by accused that requirement of Section 3 of
DSPE Act has not been fulfilled by CBI as the offences under DCS Act ... before commencing the investigation
which is violative of Section 6 of DSPE Act.
36. In this respect, I fully agree with the submissions
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
