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2010 Supreme(Bom) 1713

U.D.SALVI, A.M.KHANWILKAR
Rasiklal Manikchand Dhariwal – Appellant
Versus
Central Bureau of Investigation – Respondent


Advocates appeared:
For the Petitioners:Sushil Kumar, Sr.Counsel with S.K. Jain, Hitesh Jain & Ms. Adity Kumar i/b Subhash Jadhav, Shirish Gupte, Sr.Counsel with Ganesh Gole & Jaimini Shah, Advocates. For the Respondents:R1, Darius Khambatta, Addl.Solicitor General & Sr.Counsel with Raja Thakare, Ms.Revati Mohite-Dere, Advocates & Afroz Shah, (CBI), R2, Dr. F.R. Shaikh, A.P.P.

Judgment :-

A.M. Khanwilkar, J.

1. Both these Petitions can be conveniently disposed of together, as the questions raised in the respective Petitions are common.

2. Shorn of details, the facts which have given rise to filing of the above two Writ Petitions by Rasiklal Manikchand Dhariwal (hereinafter referred to as `RMD’ for the sake of brevity) and Jagdish M.Joshi (hereinafter referred to as `JMJ’ for the sake of brevity), can be set out as under:

(a) The Petitioners have rushed to this Court essentially on account of order, passed by the Special Court constituted under the Maharashtra Control of Organised Crime Act, 1999 (hereinafter referred to as the `MCOC Act’) for Greater Mumbai, dated 26th July 2005, in Special Case No.1/2005; and also because of non-bailable warrants issued against them in connection with the said case i.e. DCB CID CR No.152/2004. The Petitioner RMD asserts that he is the Chairman of M/s.Dhariwal Industrial Limited, having its registered office at Pune. The said Dhariwal Industries is part of Manikchand Group Industries, which is interalia engaged in the business of Gutka, Panmasala, Bidi, Electrical Accessories, Lamination, Packaging, Mineral Water, etc. f





































































































































































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