State was not taken as required U/s 6 of the
DSPE Act, 1946 .
(b) Absence of notification ... DSPE Act .
(c) Registration of case under various provisions of IPC instead
of DCS Act which is a Special Act .
19. The contention that
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
investigate
on information received or otherwise. Section 6 of the
DSPE Act prohibits the CBI from exercising its powers
and jurisdiction without the consent ... Section 157 of the Code and
Section 6 of the DSPE Act. It is not in dispute that the
consent was declined by the Governor
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
investigate on information received
or otherwise. Section 6 of the DSPE Act prohibits the CBI
from exercising its powers and jurisdiction without the consent ... Section 157 of the Code and Section
6 of the DSPE Act. It is not in dispute that the consent was
declined by the Governor
