Central Government.
It is submitted that sub-section (2) of section 6-A of the DSPE
Act permitted the CBI to arrest a person ... spot" arrest as envisaged
under sub-section (2) of section 6-A of the DSPE Act. It is,
therefore, submitted that the arrest
Delhi Special Police Establishment Act,
1946, ("the DSPE Act ") and Section 17A of the PC Act, the
action of respondent ... credibility of the State apparatus, the statutory provisions, be
it Section 6 of DSPE Act or Section 17A of the PC Act, do not
impinge
Central Government.
It is submitted that sub-section (2) of section 6-A of the DSPE
Act permitted the CBI to arrest a person ... spot" arrest as envisaged
under sub-section (2) of section 6-A of the DSPE Act. It is,
therefore, submitted that the arrest
being
in flagrant violation of the provisions contained in section 6 of the DSPE
Act, is illegal and without jurisdiction. Hence, this petition to quash ... result in the violation of the provisions of section 6 of the DSPE
Act.
15. An affidavit in rejoinder was tendered on behalf
being
in flagrant violation of the provisions contained in section 6 of the DSPE
Act, is illegal and without jurisdiction. Hence, this petition to quash ... result in the violation of the provisions of section 6 of the DSPE
Act.
15. An affidavit in rejoinder was tendered on behalf
being
in flagrant violation of the provisions contained in section 6 of the DSPE
Act, is illegal and without jurisdiction. Hence, this petition to quash ... result in the violation of the provisions of section 6 of the DSPE
Act.
15. An affidavit in rejoinder was tendered on behalf
notification or order under Section 3 of the DSPE Act and even without consent of the State Government under Section 6 of the said Act ... want of sanction under S. 6 of the Act."
24. If Section 6 of the DSPE Act does not come in the way when
Nilesh Navalakha vs Union Of India Thru The Secretary/ Joint ... on 18 January, 2021
Equivalent
State Governments. Thus, Section
2(1) of the DSPE Act expressly provides that notwithstanding anything in
the Police Act, 1861 , the Central Government may constitute ... Union Territory of offences notified under Section 8 .
Moreover, by virtue of Section 6 of the DSPE Act, the Delhi Special Police
Establishment cannot exercise
notification issued under Section 3 of
the DSPE Act empowering the C.B.I. to investigate the
case under Section ... State of
Maharahstra has issued a notification under Section 6 of
the DSPE Act,1946, it would not be necessarily be
mandatory
