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2013 Supreme(Bom) 2651

M.L.TAHALIYANI
Sk. Mehmood Sk. Mehboob – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For Appellant: R.M. Daga, Adv.
For Respondents: S.S. Doifode, A.P.P.

JUDGMENT

M.L. Tahaliyani, J.

1. Heard learned counsel for the parties. The applicants are accused in Special MCOCA Case No. 3 of 2011 pending in the Court of Special Judge, Amravati appointed under the Provisions of the MCOC Act. The applicant in Application No. 467 of 2013 is accused No. 1, Applicant in Application 475 of 2013 is accused No. 3 and applicant in Application No. 113 of 2013 is accused No. 4. The applicants will be hereinafter referred to as 'accused Nos. 1, 3 and 4'.

2. In all six accused have been chargesheeted for the offences punishable under Sections3(1)(ii), 3(4) and 3(5) and 4 of the Maharashtra Control of Organised Crime Act, 1999 (hereinafter referred to as 'the Act'). Section 3 of the Act provides punishment for commission of organised crime. Section 3(4) provides for punishment for being a member of organized crime syndicate. Section 3(5) punishes holding any property derived or obtained from commission of an organised crime and Section 4 punishes holding of unaccountable wealth being member of organized crime syndicate.

3. Learned counsel Mr. Daga, Mr. Samundre and Mr. Bhangde appeared for accused Nos. 1, 3 and 4 respectively.

4. It is submitted on behalf of th






















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