Bar on trial of acquitted/convicted person again for the same offence

S.300(1)– Bar on trial of acquitted/convicted person again for the same offence – Ingriedents -  In  case of want of prior sanction of I.G./Commissioner of Police by virtue of S. 20-A(2) of TADA Act Court lacks jurisdiction to take cognizance of offence under that Act but for that reason court cannot not acquittal of the accused, it can only discharge the accused. In the absence of sanction the court had no jurisdiction to proceed in the matter and take cognizance of the offence but the order passed in the record cannot lead acquital of the accused. 

 

Case Law:

Balbir Singh v. State of Delhi; 

 

Citation:

(2007) 6 SCC 226