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SUPREME COURT OF INDIA
DHANANJAYA Y. CHANDRACHUD, SURYA KANT, JJ.
Zakir Abdul Mirajkar - Appellant
Versus
The State of Maharashtra & Ors. - Respondents
Criminal Appeal No. 1125 to 1130 of 2022, Special Leave Petition (Criminal) No. 3213, 3722, 3629, 3915, 3943, 4170 of 2020
Decided on : 24-08-2022
| Table of Content |
|---|
| 1. overview of organized crime and mcoca (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. arguments regarding confessions and procedural safeguards under mcoca (Para 9 , 10 , 11 , 12 , 13 , 14) |
| 3. analysis of mcoca and organized crime definitions (Para 15 , 18 , 19 , 20 , 22) |
| 4. discussion of the necessity and validity of approval under mcoca (Para 70 , 76) |
| 5. final decision on the appeals and eligibility for bail (Para 80 , 81) |
JUDGMENT :
Dr. Dhananjaya Y. Chandrachud, J.
| Contents | |
| A. Facts | |
| B. Issues | |
| C. Submissions | |
| D. | Analysis |
| i. An overview of the Maharashtra Control of Organized Crime Act 1999 18 | |
| ii. Confession made before a police officer “not below the rank of the Superintendent of Police” | |
| iii. Conditions for invocation of the MCOCA | |
A. Facts
1. The prosecution alleges that the appellants are members of an organized crime syndicate which has engaged in a systematic course of activities for cheating members of the public by conducting the ‘Mumbai Matka’. To explain ‘matkas’ in simple terms, those who wish to gamble place bets on numbers/playing cards. At the end of the cycle, the results are to be declared based on a random draw of numbers/playing cards and those who correctly guess the winning digits/playing cards win while the others lose. Instead of declaring the winning digits on the basis of a random draw, the organizers of the Mumbai Matka are alleged to identify the number on which the least bets are placed and declare that to be the winning digit. This is allegedly done in order to ensure that the pay-out is minimal and the profit is as large as possible.
2. Salim Mulla is alleged to be a bookie who accepts bets for the Mumbai Matka. It is the prosecution’s case that he would transfer the money he received through the Mumbai Matka to Rakesh Agarwal and Manish Agarwal if he anticipated that he would be unable to repay in the event that the number on which he accepted the highest number of bets was declared the winning number. Rakesh Agarwal and Manish Agarwal would allegedly accept the risk and discharge the obligation to pay the gamblers if that particular number was indeed declared the winning number. Further, they would in turn allegedly transfer the money they received from Salim Mulla to Samrat Korane, the appellant in SLP (Criminal) No. 3722 of 2020, and Zakir Mirajkar, the appellant in SLP (Criminal) No. 3213 of 2020. The latter two, along with Sharad Korane, the appellant in SLP (Criminal) No. 3629 of 2020 would assume the risk and transfer the money once again to Viral Savla, the appellant in SLP (Criminal) No. 3915 of 2020 and Jayesh Savla, the appellant in SLP (Criminal) No. 4170 of 2020, amongst others. It is alleged that in this fashion, the petitioners and various others are members of an organized crime syndicate, of which the lynchpin is Salim Mulla. The main organizers of the Mumbai Matka are alleged to be Prakash Savla, the appellant in SLP (Criminal) No. 3943 of 2020, his son Viral Savla and his brother Jayesh Savla. Finally, Rajendra Dave, the appellant in SLP (Criminal) No. 6034 of 2022 is alleged to assist Salim Mulla and the Savla family by distributing protection money to various gangsters and purchasing property from the proceeds of the illegal gambling business. According to the prosecution, the proceeds from the matka business are used to finance criminal gangs and underworld dons.
3. On 8 April 2019, the Assistant SP, Kolhapur and a team of police personnel raided what is alleged to be a gambling den (colloquially known as a ‘matka’ den) controlled by Salim Mulla. It is the prosecution’s case that Salim Mulla’s wife, Shama Mulla, along with some others, assaulted the police team when they were recording the panchnama at the gambling den.
4. FIR 136 of 2019 for offences punishable under Sections 143 , 147, 149, 395, 307, 353, 332, 155, 109, 324, 323 and 42
(1) Interpretation of Statute – Rule of strict construction cannot be applied in an impracticable manner so as to render the statute itself nugatory.(2) Organised crime – Any person who is declared a....
The court affirmed that involvement in an organized crime syndicate justifies stringent bail denials, emphasized by the presence of multiple charges and confessions from co-accused.
The prosecution under the M.C.O.C. Act requires that the necessary ingredients, including prior cognizance in multiple cases, must be satisfied at the time of the commission of the offence.
(1) Every court has to be extra cautious and careful while appreciating testimony of eyewitnesses and more so, if such eyewitnesses are related to victim.(2) Family gathering on platform cannot be sa....
The main legal point established in the judgment is the need to strictly construe the provisions of MCOCA, establish the mens rea, and consider the length of the period spent in custody and the unlik....
Unlawful activity - If a person may or may not have any direct role to play as regards commission of an organized crime, if a nexus either with an accused who is a member of an “organized crime syndi....
At stage of granting prior approval under Section 24(1)(a) of Karnataka Control of Organized Crimes Act, 2000, competent authority is not required to wade through material placed by Investigating Age....
(1) Organised Crime – For the purpose of organised crime, there has to be continuing unlawful activity – There cannot be continuing unlawful activity unless at least two charge-sheets are found to ha....
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