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REVATI MOHITE DERE, GAURI GODSE
State of Maharashtra, Through Ambarnath Police Station – Appellant
Versus
Kasim @ Talaf Muktar Irani – Respondent
JUDGMENT :
Revati Mohite Dere, J.
1. Heard learned counsel for the parties.
2. Admit.
3. By this appeal, preferred under section 12 of the MCOC Act, the appellant-State of Maharashtra seeks quashing and setting of the impugned order dated 26th July 2023, passed by the learned Special Judge (under the MCOC Act), Thane, below remand report dated 26th July 2023 in C.R No. 461 of 2022, registered with the Ambernath Police Station, Thane. The learned APP submitted that the findings recorded by the learned Special Judge in its Order passed below remand report dated 26th July 2023, i.e. the order at Exhibit-F at page 44, is unsustainable in law. She submits that merely because, the respondent-accused was arrested in an earlier MCOC case, the police custody could not have been refused in the second MCOC case, more particularly, when the present C.R is different and distinct from the first MCOC case.
4. Mr. Niranjan Mundargi, learned counsel appointed to appear on behalf of respondent vide order dated 25th August 2023, opposes the appeal.
5. Perused the papers. On 24th August 2023, notice was issued to the respondent-accused returnable on next date i.e. 25th August 2023, considering the urgency i
The necessity for the prosecution to provide a valid explanation for delays in seeking police custody remand under Section 21(7) of the MCOC Act is a critical legal requirement.
The court ruled that the Special Court erred in denying Police Custody based on insufficient grounds, highlighting the necessity to investigate the respondent's continuous involvement in organized cr....
The principle that personal liberty cannot be infringed without lawful authority, and that once bail is granted, an individual cannot be detained without a valid order.
The prosecution under the M.C.O.C. Act requires that the necessary ingredients, including prior cognizance in multiple cases, must be satisfied at the time of the commission of the offence.
The court emphasized the power to exercise the provision under 482 of Code of Criminal Procedure when there is an abuse of process of any Court or securing the end of justice, and the different roles....
[The right to a speedy trial is fundamental under Article 21 of the Constitution, and prolonged detention without trial can warrant the granting of bail, especially when the prosecution has not estab....
Jurisdiction under MCOCA is restricted to designated Special Courts, and any extension of investigative custody requires adherence to statutory protocols to ensure legality of judicial actions.
(1) Offence under MCOCA must comprise continuing unlawful activity relating to organized crime undertaken by an individual singly or jointly, either as a member of organized crime syndicate or on beh....
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