A. S. GADKARI, SHYAM C. CHANDAK
State of Maharashtra – Appellant
Versus
Roshan Shirodkar @ Ghonya – Respondent
JUDGMENT
A.S. Gadkari, J. - The State has preferred present Appeal under Section 12 of the Maharashtra Control of Organized Crime Act, 1999 (for short, "MCOC Act") impugning Order dated 11th February 2021 passed below Exh.42 in MCOC Spl. Case No. 01/2019 @ 13/2019 @ 309/2020 to the extent of clause No. (2) of the operative part of the said Order, by which the learned Judge of the trial Court has discharged the Respondents from the offences punishable under Sections 3 read with 7 of The Essential Commodities Act, 1955 (for short, "E.C. Act") read with Clause - 3(4)(5)(6) and Clause-4 of Motor Spirit High Speed Diesel (Regulation of Supply, Distribution and Prevention of Malpractice) Order, 2005 (for short, "Diesel Order 2005").
By the same Order, the trial Court has directed that, the charge be framed against the Respondents under Sections 120-B, 285, 387, 506 read with 34 of Indian Penal Code (for short, "I.PC.") and under Sections 3(1)(ii), 3(2) and 3(4) of MCOC Act, on the next date.
2. Heard Mr. Mule, learned Special Public Prosecutor for Appellant, Ms. Vora, learned Advocate for Respondent Nos. 1 to 3, 5, 6 & 8 to 11 and Mr. Deshpande, learned Advocate for Respondent No.7. Despite
[The prosecution must provide all relevant documentation, including specific orders, to establish charges under the Essential Commodities Act. Failure to do so can result in the discharge of accused ....
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 main legal point established is that the existence of strong suspicion, based on material such as witness statements, is sufficient to warrant a trial. Additionally, the burden is on the prosecut....
(1) Commission of organised crime – There should be agreement between persons who are alleged to conspire doing of an illegal act by illegal means and which by itself may not be illegal.(2) In a crim....
Unlawful activity - If a person may or may not have any direct role to play as regards commission of an organized crime, if a nexus either with an accused who is a member of an “organized crime syndi....
(1) Interpretation of Statute – Rule of strict construction cannot be applied in an impracticable manner so as to render the statute itself nugatory.(2) Organised crime – Any person who is declared a....
Criminal prosecution cannot be interdicted in offences involving crime Syndicates.
Abetment of organised crime syndicate – Act of appellant in subletting canteen premises in no way could be termed to be an act of abetment of organised crime syndicate.
The necessity of a government notification for the enforcement of regulations under the Essential Commodities Act and the requirement for searches and seizures to be conducted by authorized officers ....
The court affirmed that involvement in an organized crime syndicate justifies stringent bail denials, emphasized by the presence of multiple charges and confessions from co-accused.
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