IMPORTANT POINT
[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 individuals from such charges.]

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 service, none appears for Respondent No.4. Perused entire record.

3. Record indicates that, Mr. Hemraj G. Borse, Police Sub-Inspector, then attached to Yellow Gate Police Station, Mumbai had filed C.R. No. 20 of 2018 on 20th September 2018 under Sections 285 read with 34 of I.PC. and under Sections 3, 7(2) of E.C. Act.

3.1. The prosecution case in brief is that, when the informant and other police personnel were on patrolling duty on 18th September 2018 in the high seas, under their jurisdiction, they noticed a boat in the interior part of the sea. The said boat was having name 'Barkat' written on it. It was a fishing boat. No person was found manning the said boat. The patrolling party inspected the said boat and found that, no person is present therein. During inspection of the said boat, the police personnel found two cans of 35 liters each filled with diesel and in the engine room they noticed about 40 liters of diesel stored therein.

3.2 After conducting preliminary inquiry, the said crime bearing C.R. No. 20 of 2018, dated 20th September 2018 registered with Yellow Gate Police Station, Mumbai.

3.3. During the course of investigation, it was revealed that, the Organized Crime Syndicate headed by Mr. Rajkishor Gunnidhi Das @ Raju Pandit (Org. A. No.3) and the Respondents being its members are indulging into smuggling of diesel. It is their modus operandi that, said Syndicate used to purchase diesel for paltry/petty amount from the international or national large size barges and/or ships anchored in the high seas, which was reserved storage for it and used to sale it at higher price to fishermen/dealers/boats etc. by lobbing and by use of violence and/or threatening to the said persons for compelling them to purchase it at higher rate, to gain pecuniary benefits from it. The Chemical Analysis Report received from Central Forensic Science Laboratory, Kalina duly supported the case of the prosecution that, the chemical seized from the said boat 'Barkat' was infact diesel. To the said crime, after getting necessary prior approval the provisions of MCOC Act are applied.

3.4. After completion of investigation the Commissioner of Police, Brihanmumbai accorded sanction on 31st December 2018 under Section 23(2) of MCOC Act and thereafter Chargesheet under Sections 387, 506, 285, 120-B read with 34 of I.PC.; under Sections 3, 7(1)(a)(ii) of E.C. Act, Diesel Order, 2005 and under Sections 3(1)(ii), 3(2), 3(4) of MCOC Act and supplementary chargesheet is also filed.

3.5. Respondent No.1 (Org. A. No.9) thereafter filed an Application below Exh.42 under Section 227 of Criminal Procedure Code (for short, "Cr.PC.") seeking his discharge from the said case.

4. As noted earlier, the trial Court by its impugned Order dated 11th February 2021 has partly allowed the said a