R.M.S.KHANDEPARKAR, P.V.KAKADE
Altaf Ismail Sheikh – Appellant
Versus
State of Maharashtra – Respondent
KHANDEPARKAR R. M. S. , J.
( 1 ) SINCE common questions of law and facts arise in all these petitions, they were heard together and are being disposed of by this common judgment.
( 2 ) IN all the petitions, rule, and by consent, the rule is made absolute returnable forthwith. Perused the records. Heard at length the learned Advocates for all the petitioners as well as the leaned APP.
( 3 ) IN all these petitions, the approval for recording of the commission of the offence as well as the FIR No. 6 of 2005 recorded on 7th February, 2005 under provisions of sections 3 and 7 of the Maharashtra Control of Organised crime Act, 1999, hereinafter called as "the MCOC Act", are sought to be challenged on various grounds including the ground that the activities which are disclosed as the offences of organised crime under the MCOC Act in the said fir refer to the period prior to 24th February, 1999, the day on which the mcoc Act came into force and that therefore, considering the provisions of article 20 (1) of the CONSTITUTION OF INDIA, the said approval for recording the information about the commission of offence under the MCOC Act as well as the FIR itself need to be quashed.
( 4 )
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