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Crl.AppealNo.2295-2296of2010

Crl.AppealNo.2295-2296of2010

Crl.A.Nos.2295-2296 of 2010 -92-It was further submitted that with regard to theownership of the ambassador car, the report of the RTO(Ex.672), showed that it was registered in the name ofAbdul Majid Rathor. The prosecution had also not beenable to bring anything on record to connect A-6 withthe said owner or with the car, or of the case withthe attack at Akshardham temple.That there had also been a violation of Section 51 ofPOTA.71. It was contended by the learned counsel thatSection 51 of POTA, which starts with the non-obstanteclause, makes it mandatory that the investigationunder POTA be carried out only by the officer of therank of Deputy Superintendent of Police or a policeofficer of an equivalent rank. It was argued that theinvestigation in the present case was mostly carriedout by the officer of the rank of a Police Inspector.The POTA, unlike CrPC does not contain any provision

Crl.A.Nos.2295-2296 of 2010 -93-where the powers of the I.O could be delegated to anyother person. Thus, it was contented that anyinvestigation, if carried out by any officer below therank of ACP is illegal and evidence, if any, collectedduring such investigation could not be looked at.Findings of this Court:72. We have heard the rival factual and legalcontentions raised at length for a number of days andperused in detail the written submissions on recordproduced by the learned counsel representing both theparties. We have also perused the material objects andevidence on record available with this Court inconnection with this case. The following points thatwould arise in these appeals for the purpose ofadjudication of the appeals by this Court are:1. Whether sanction given by the Gujarat StateGovernment dated 21.11.2003 in this case isin compliance with Section 50 of POTA?

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