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A. S. GADKARI, SHYAM C. CHANDAK
Nilesh Anand Pawar – Appellant
Versus
State of Maharashtra – Respondent
ORAL JUDGMENT
A. S. Gadkari, J. - Appellants, Original accused Nos.2 & 4 respectively, have filed present Appeal under Section 12 of The Maharashtra Control of Organised Crime Act, 1999 (for short, 'M.C.O.C. Act'), impugning the Order dated 29th December 2022 passed below Exh.6 in Special Case No. 431 of 2021 by the learned Special Judge, City Civil & Sessions Court, Greater Bombay, rejecting the said application for dropping the charges under M.C.O.C. Act and for transferring the said case to the Court of Additional Sessions Judge, as contemplated under Section 11 of the M.C.O.C. Act.
2. Heard Mr. Sejpal, learned Advocate for Appellants and Ms. Takalkar, learned A.PP for Respondent-State. Perused entire record and the Affidavit dated 12th April 2023 filed by Mr. Nitin K. Jadhav, Assistant Commissioner of Police, Deonar Division, Mumbai.
3. At the outset, it is to be noted here that, Mr. Sejpal, learned Advocate for the Appellants submitted that, he is challenging the application of provisions of M.C.O.C. Act to the present crime and not the provisions of other Acts applied to it. He submitted that, after dropping of the provisions of the M.C.O.C. Act from the present crime, the case
(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....
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.
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....
The main legal point established in the judgment is the need to strictly construe the provisions of MCOCA, establish the mens rea, and consider the length of the period spent in custody and the unlik....
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.
The central legal point established in the judgment is that the offence of organized crime under the MCOC Act requires involvement in substantive crimes, and mere continuing unlawful activity is not ....
(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....
The main legal point established is the requirement to establish a prima facie nexus between past crimes and the present crime to invoke the Maharashtra Control of Organised Crime Act.
The judgment clarified the standards for proving membership in an organized crime syndicate and the necessity of demonstrating continuing unlawful activity under MCOCA.
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