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2019 Supreme(Bom) 773

S.S.SHINDE, R.G.AVACHAT
TANAJI – Appellant
Versus
STATE OF MAHARASHTRA – Respondent


Advocates:
Advocate Appeared:
G.J. Kore, Adv., S.A. Gaikwad, Adv., S.B. Joshi, Adv.

JUDGMENT :

R. G. AVACHAT, J.

1. Heard.

2. Admit. Learned APP waives notice on behalf of the respondents. With the consent of learned Counsel for the parties, appeals are heard finally.

3. These appeals are directed against the judgments and orders passed by the Special Court constituted for trial of the offences under the Maharashtra Control of Organised Crime Act, 1999 (M.C.O.C. Act), rejecting discharge applications moved by the appellants herein. The appellants are some of the accused in Special (M.C.O.C.) Case No.4 of 2014.

Since common questions of law and facts arise, the appeals were heard together and are being decided by this common judgment.

4. Brief facts, giving rise to these appeals, are as follows :-

Dinesh Kumar (first informant) hails from village Manjani, Tq.Atur, Dist.Selum (State of Tamil Nadu). He is a driver by profession. He was employed to drive truck, bearing registration No.TN-34-E-8071. One Punrasu Kannan (deceased) was the co-driver. In the last week of April, 2014, the first informant and deceased Punrasu were carrying 324 bags of Sago, worth Rs.10,00,000/-, from Selum to Bhilwada (Rajasthan). On 30.04.2014, they were passing through Maharashtra. By 09.00 p.m.



















































































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