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2012 Supreme(Del) 1519

MUKTA GUPTA
Mahipal Singh – Appellant
Versus
CBI – Respondent


Advocates appeared:
For the Petitioner:Sudeep Pasbola, R.S. Kundu & Abdul Majid, Advocates. For the Respondents:P.K. Sharma, Standing Counsel for the CBI with Uday Prakash, Advocate.

JUDGMENT :

1. By W.P.(CRL) Nos. 1555/2011 and 1556/2011 the Petitioner challenges the order dated 18th October, 2011 granting prior approval by the DIG CBI for invoking the provisions of Section 3 of Maharashtra Control of Organized Crime Act, 1999 ( in short the MCOCA) against the Petitioner in RC/219/2011/E0007 and RC/219/2011/E0008 as illegal. Vide W.P.(CRL) Nos. 242/2012 and 243/2012 the Petitioner challenges the order dated 30th November, 2011 passed by the Learned Designated Court remanding the Petitioner to judicial custody under MCOCA under Section 23(1)(a) in the abovementioned RC Numbers. Vide W.P.(CRL) Nos. 244/2012 and 245/2012 the Petitioner challenges the order dated 14th January, 2012 passed by the DIG CBI according prior approval for invoking the provisions of Section 3 MCOCA under Section 23(1)(a) in RC/219/2011/E009 and RC/219/2011/E0010 respectively.

2. The two principal contentions of learned counsel for the Petitioner are that for the same set of charge-sheet MCOCA has been invoked in 4 cases and secondly the basic ingredients of organized crime are missing in the present cases. Learned counsel for the Petitioner contends that all the exams were over by May, 201






















































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