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2021 Supreme(Bom) 957

S.S.SHINDE, MANISH PITALE
Sagar Balasaheb Gaikwad – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
Satyavrat Joshi, Advocate, Sunil S Kamble, Advocate, J.P. Yagnik, Advocate

JUDGMENT

Manish Pitale, J. - By this Writ Petition, the Petitioner has sought quashing of provisions of the Maharashtra Control of Organized Crime Act, 1999 (MCOCA) being applied to C.R. No. 189 of 2018, wherein the Petitioner has been arraigned as accused along with other persons for offences under the Indian Penal Code as well as Bombay Prohibition Act. The Petitioner claims that the sanction order issued under the MCOCA deserves to be quashed qua the Petitioner.

2. The aforesaid crime was registered as per FIR registered at the Saswad Police Station, District Pune against unknown persons for offences under Sections 395, 341, 412 and 120-B of the Indian Penal Code as also provisions of the Bombay Prohibition Act. Upon investigation, it was found that four persons including the Petitioner were involved in the said crime. A proposal was moved for seeking sanction for applying the provisions of MCOCA against the accused persons in the aforesaid crime. By order dated 27.11.2018, the Additional Director General of Police (L & O), Maharashtra i.e. Respondent No.3 herein passed an order granting sanction for applying MCOCA against the accused persons including the Petitioner who was at th

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