V.G.PALSHIKAR, S.A.BOBDE
Bharat Shantilal Shah & others – Appellant
Versus
State of Maharashtra – Respondent
PALSHIKAR V.G., J.:---By these petitions, the petitioners have challenged the constitutional validity of the State Legislation called Maharashtra Control of Organized Crime Act, 1999 (hereinafter referred to as M.C.O.C.A. for the purposes of brevity).
2. Taking into consideration the growing menace of organized crime within the State of Maharashtra and finding it extremely difficult to deal with it effectively within the laws available, it was considered necessary by the State of Maharashtra to enact a comprehensive legislation for the purposes of providing adequate provisions of law to deal with this menace of organized crime. It was also thought necessary that the present provisions of law are not adequate in respect of certain aspect which will have to be controlled, if there has to be effective preventive control on organized crime.
3. Therefore, the Governor of Maharashtra promulgated the Maharashtra Control of Organized Crime Ordinance, 1999 being Ordinance No. 3 of 1999 on 21-2-1999. This Ordinance was almost identical with the enactment called M.C.O.C.A. In fact the law requires that the Ordiance be placed before the legislature within the stipulated period and theref
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