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2011 Supreme(Bom) 932

MOHIT S.SHAH, ROSHAN DALVI, B.R.GAVAI
State of Maharashtra – Appellant
Versus
Jagan Gagansingh Nepali @ Jagya – Respondent


Advocates appeared:
For the Appearing Parties:Mrs. A.S.Pai, Addl.P.P., S.R. Chitnis, Senior Advocate with R1, Ms. Pooja P. Bhosale, R2, A.M. Saraogi, Aabad H.H. Ponda with Daljeet Singh Bhatia, Mrs. A.S. Pai, Addl.P.P.

Judgment :

B.R. Gavai, J.

Since the Division Bench of this Court vide its order dated 26th April 2011 passed in Criminal Appeal No.20/2011 has disagreed with the view taken earlier by two Division Benches of this Court in Sherbahadur Akram Khan v. State of Maharashtra, 2007 ALL MR (Cri) 1 and Madan Ramkisan Gangwani v. State of Maharashtra, 2009 ALL MR (Cri) 1447 that the term “other advantage” used in section 2(e) of the Maharashtra Control of Organised Crime Act, 1999 (“MCOCA” for short) has to be read ejusdem generis with the words “for pecuniary benefits and undue economic”, the matter is placed before us.

2. The question, therefore, that we are called upon to answer is “as to whether the term “other advantage” has to be read as ejusdem generis with the words “gaining pecuniary benefits, or gaining undue economic advantage” or whether the said term “other advantage” is required to be given a wider meaning”.

3. We have heard Mrs.A.S.Pai, learned Addl.P.P. and Mr.Amit Desai, learned senior counsel in support of the proposition that the term “other advantage” is required to be given wider meaning and Mr.S.R.Chitnis, learned senior counsel, Mr.A.H.H.Ponda and Mr.Shrikant Shivade,













































































































































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