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2024 Supreme(Bom) 430

A. S. GADKARI, SHYAM C. CHANDAK
Somsay Dalasay Madvi – Appellant
Versus
National Investigation Agency – Respondent


Advocates appeared:
Mr. Gaurav Bhawnani a/w Adv. Khan Abdul Wahab for the Appellants in Appeal No.472 of 2023; Ms. Muskan Shaikh a/w Ms. Kritika Agarwal for the Appellant in Appeal No.523 of 2023; Ms. Aruna S. Pai for the Respondent-N.I.A; Mr. Shreekant V. Gavand APP, for the Respondent-State.

JUDGMENT

A.S. Gadkari, J. - The aforenoted Appeals are filed under Section 12 of the Maharashtra Control of Organised Crime Act, 1999 (for short, " the said Act") impugning the Orders dated 6th March, 2023 passed below Exhibit Nos.140 and 133 respectively, in Special Case No.909 of 2020, by the learned Special Judge, City Civil and Sessions Court, Greater Mumbai, rejecting their Applications for dropping the charges/provisions of the M.C.O.C. Act from the said case.

1.1 Appellants in Appeal No.472 of 2023 are original accused Nos.5 and 6 and Appellant in Appeal No.523 of 2023 is original accused No.4 in Special Case No.909 of 2020. The said Sessions case arises out of crime bearing No.RC-02/2019/NIA/MUM registered with the National Investigating Agency i.e. the Respondent No.1 herein and originally registered as C.R. No.19 of 2019 with Purada Police Station, District Gadchiroli dated 2nd May, 2019.

1.2 Appellants are being prosecuted for the offences punishable under Sections 302, 353, 427, 120-B, 121, 121A, 147, 148 and 149 of the Indian Penal Code, 1860 along with Sections 3, 4 and 5 of the Explosive Substances Act, Sections 16, 17, 18, 18B, 20, 38, 39 and 40 of the Unlawful Activit

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