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2024 Supreme(Bom) 531

A. S. GADKARI, SHYAM C. CHANDAK
State of Maharashtra – Appellant
Versus
Roshan Shirodkar @ Ghonya – Respondent


Advocates appeared:
Mr. Mahesh Mule, Special Public Prosecutor a/w. Ms. Nidhi Narwekar for Appellant-State; Ms. Apeksha Vora for Respondent Nos.1 to 3, 5, 6 & 8 to 11; Mr. Santosh M. Deshpande for Respondent No.7; P.I. Mr. Gaikar, Yellow Gate Police Station, present.

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

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