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A.M.KHANWILKAR
Dinesh Mahadev Bhondve – Appellant
Versus
State of Maharashtra – Respondent
Key Points: - (!) The court explains the meaning and interrelation of continuing unlawful activity, organized crime, and organized crime syndicate under MCOCA. - (!) (!) (!) Sections 3(1)(ii) and 3(4) outline penalties for organised crime and for being a member of an organised crime syndicate; minimum five years and Rs. 5 lakhs fine. - (!) (!) The court upholds conviction based on analysis of PW 1, PW 11, other witnesses, and documentary evidence showing repeated cognizable offences over a ten-year window and cognizance by courts. - (!) (!) (!) Discussion of Article 14 equality concerns regarding continuing unlawful activity definitions; court clarifies purpose and non-discrimination in defining antecedents for applying MCOCA. - (!) (!) Sanctioning and cognizance processes (approval for FIR registration under section 23(1)(a) and sanction under section 23(2)) are properly supported by evidence of cognizance taken by courts. - (!) Court rejects leniency; confirms minimum sentencing under sections 3(1)(ii) and 3(4). - (!) (!) Emphasizes that continuing unlawful activity requires more than one cognizable offence with 3+ years imprisonment, within ten years, and involvement of organized crime syndicate membership or representation.
1. This common Judgment will dispose of all the three cognate appeals.
2. The foremost Appeal No.1212 of 2004 is filed by the accused no.4 (Dinesh Mahadeo Bondve). The following Appeal No.1374 of 2004 is filed by accused No.3(Vishal Parshuram Sunake) and the last Appeal No.24 of 2005 is filed by accused No.1(Kishan Nathu Pardeshi). The appellants along with other three accused were tried simplicitor for offences punishable under sections 3 (1) (i), 3(1) (ii), 3 (2) and 3 (4) of the Maharashtra Control of Organised Crime Act,1999 (hereinafter referred to as MCOCA). The trial Court by the impugned Judgment and order in these appeals, dated 11th August, 2004, acquitted accused nos.2, 5 and 6 of all the charges. In so far as the appellants (accused nos.1,3 and 4) are concerned, they have been acquitted of offence punishable under section 3 (1) (i) and 3 (2) of the MCOCA. However, these appellants(accused Nos. 1,3 and 4) have been found guilty of offences punishable under section 3 (1) (ii) and 3 (4) of the MCOCA. For each of these offences, the appellants have been ordered to undergo sentence for 5 years and pay a fine of Rs.5,00,000/- each on each
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