Supreme Court of India
Izharul Haq Abdul Hamid Shaikh & Anr. v. State of Gujarat
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What the Court ordered
We are of the view that since the other labourers have been granted bail and there being no available material to presume that Jivan Raghu Varli had knowledge of the contents of the boxes, he may be granted bail on a parity with the other labourers.
Judgment, page 10
From the headnote
Terrorists and Disruptive Activities (Prevention) Act, 1987 "" - s.20(8), 20- - Code of Criminal Procedure, 1973- s. :39 - Bail - Appellant, one of the labourer employed for loading and unloading of boxes - Other labourers granted bail - Designated Court rejected the bail application on the presumption that he had knowledge of contents of the boxes - On appeal, held: No material to presume that appellant had knowledge of contents of boxes - He may be granted bail on -. parity with other labourers - Moreover, before recording FIR, approval under s.20- (1) of TADA Act not obtained - Bail
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