The main legal point established in the judgment is that the chargesheet under the MCOC Act must demonstrate continuing unlawful activities and fulfill the requirements of the Act to establish organized crime. The court emphasized the necessity for the respondents to prove the accused's involvement in activities prohibited by law and the dubious method of invoking the Act without due process of law.

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 the applicants that the applicants have not committed any offence under the Act. The prime contention in the bail applications, on behalf of the applicants, is that there is no substantive offence in the chargesheet and that the applicants could not have been chargesheeted for the offences punishable under the Act unless there was substantive offence which is allegedly committed in continuity with the previous chargesheets pending against accused Nos. 1, 3 and 4. It is admitted position that in the present chargesheet the respondents have not filed chargesheet for any substantive offence. The chargesheet is purely based on the earlier chargesheets filed against accused Nos. 1, 3, 4 and other accused. It is admitted position that more than two chargesheets of the nature mentioned in the Act are pending against accused Nos. 1, 3 and 4.

5. The question which comes up for determination in the present applications is as to whether the chargesheet under the Act can be filed only on the basis of pending chargesheets without there being any substantive offence against the accused. Before I proceed to answer this question, few facts are necessary to be stated for clarity of the order.

6. As already stated, it is admitted position that more than two chargesheets have been filed against accused Nos. 1, 3 and 4 during the period of ten years prior to the date of filing of the present chargesheet. The last offence in the series of offences mentioned in the chargesheet is Crime No. 33 of 2010 of Akot Feil Police Station, registered on 10th April, 2010. The charges against the accused Nos. 1, 3, 4 and others are for the offences punishable under Sections 147, 148, 120-B and 302 read with Section 149 of the Indian Penal Code. In all there are fourteen accused in the said chargesheet, including accused in the present chargesheet. The chargesheet has been filed in the Court Sessions at Akola on 7th July, 2010. Accused Nos. 1, 3, 4 and other in the said chargesheet have been released on bail. It may be noted here that they were released on bail before recording of the present first information report.

7. The present first information report No. 3080/2011 has been registered at Akot Feil Police Station, Akola for the offences under the Act, on the basis of complaint filed by Mr. Kishore Sirsat, Police Inspector of Akot Feil Police Station. A proposal was submitted to the competent authority on 18th July, 2011 for invoking provisions of the Act. An approval was granted by the competent authority i.e. Inspector General of Police, Amravati Range on 19th July, 2011 and the offence was registered on 26th July, 2011. Accused Nos. 1, 3, 4 and other accused were arrested on various dates after registration of the offence. All the accused, including accused Nos. 1, 3 and 4 are in cus