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High Court of Delhi
PRAKASH VAISH VED, J.
State – Appellant
Versus
Brijesh Singh @ Arun Kumar & Another – Respondent
CRL. A. No. 358 of 2014
Decided On : 16-04-2015
MCOCA - Jurisdictional Limits and Application - Section 3, Section 4 - Summary of Acts and Sections
Fact of the Case:
The case involved an appeal under Section 12 of The Maharashtra Control of Organised Crime Act, 1999 (MCOCA) against the judgment and order passed by the Court of learned ASJ-01 (Special Judge MCOCA), New Delhi District, Patiala House Courts, New Delhi in SC No.139/13 pertaining to FIR No.10/13 under Sections 3 and 4 of MCOCA. The respondents were discharged from the charges by the learned Special Judge.
Finding of the Court:
The court found that the provisions of MCOCA are stringent and strict compliance is mandatory. The court was bound to confine the applicability of MCOCA only to the jurisdiction intended by the legislature. The court observed that the charges under MCOCA could not be invoked against the respondents as the requirements of two or more charge-sheets and cognizance of offences in such cases were not fulfilled.
Issues: The main issue was whether the charges under MCOCA could be invoked against the respondents based on the jurisdictional limits and application of the Act.
Ratio Decidendi: The court held that the provisions of MCOCA are meant to eradicate the evil of organized crime, but considering the rigours and stringent provisions, the applicability of the Act should be confined only to the jurisdiction intended by the legislature. The court emphasized that the requirements of two or more charge-sheets and cognizance of offences in such cases must be fulfilled to invoke the provisions of MCOCA.
Final Decision: The appeal was dismissed as the court found that the charges under MCOCA could not be invoked against the respondents based on the jurisdictional limits and application of the Act.
1. This is an appeal under Section 12 of The Maharashtra Control of Organised Crime Act, 1999 (hereinafter referred to as MCOCA) directed against the judgment and order dated 05.02.2014 passed by the Court of learned ASJ-01 (Special Judge MCOCA), New Delhi District, Patiala House Courts, New Delhi in SC No.139/13 pertaining to FIR No.10/13 under Sections 3 and 4 of MCOCA registered at P.S. Special Cell, New Delhi whereby the learned Special Judge discharged the respondents/accused persons from the said charges.
2. Succinctly stating the facts as emerged from the petition are that in the year 2007 FIR No.69/2007 was registered against respondent No.1 and his associates at Police Station Special Cell, New Delhi under Sections 384/387/419/420/467/468/471/474/174A/506/120B/34 of the Indian Penal Code (hereinafter referred to as ‘IPC’). In the said case, the activities of respondent No.1 and his associates were observed and analysed and it was revealed that the offences which were a subject matter of FIR No.69/2007 were the outcome of organized crime activities of respondent No.1 and his syndicates. It was further revealed that while committing these offences, violence and intimidation were extended in order to gain pecuniary benefits by the members of the organized syndicate. It was further established that illegal acts were done by the syndicate headed by respondent No.1 in pursuance of continuous unlawful activities of the syndicate.
3. Accordingly, a proposal was placed before the competent authority for obtaining approval under Section 23 (1) (a) of MCOCA for invoking the provisions of MCOCA against the activities of the syndicate. The approval was granted by the competent authority, i.e., Special C.P. of the Special Cell vide order No.260/P.Sec/Spl.CP/ Spl. Cell on 22.02.2013. Upon such approval, FIR No. 10/13 was registered against the respondents on 05.03.2013 under Sections 3 and 4 of MCOCA at P.S. Special Cell, New Delhi.
4. During the ensuing investigation pertaining to FIR No.10/13 under Section 3 and 4 of MCOCA, it was revealed that the syndicate was involved in commission of large number of crimes and offences in an organized manner in large number of cases. These cases relate to offences which are cognizable in nature punishable with imprisonment of three years or more and the courts of competent jurisdiction have taken the cognizance in these cases in more than one charge-sheet in the last preceding 10 years. The list of all such cases are as under: -
(i) Crime No.98/91 FIR No.26/91 under Section 147/148/149/302/307 IPC PS Bhawarkaul, Ghazipur.
(ii) Crime No.120/95 under Section 3 of UP Gangster Act, PS Chobeypur, Varanasi (UP).
(iii) Crime No.251/01 FIR No.113/2001 under Section 147/148/149/307/302 IPC and 7 Criminal Law Act PS Mohammadabad, Distt. Gazipur (UP).
(iv) Crime No.09/04 FIR No.08/04 under Section 147/148/149/427/307 IPC and 2/3 UP Gangster Act PS Cantt. Lucknow (UP).
(v) Crime No.81/09 FIR No.62/2009 under Sections 147/148/149/307/120B IPC and 7 Criminal Law Act PS Lanka Sadar Varanasi (UP).
(vi) Crime No.232/90 under Sections 147/148/149/427/379 IPC PS Saidpur Gazipur (UP).
(vii) FIR No.69/07 under Sections 384/387/506/419/468/471/ 474/174A/34 IPC dated 08.10.2007 PS Spl. Cell, Delhi.
(viii) FIR No.122/2010 dated 17.05.2010 under Sections 341/506/34 IPC PS. Subzi Mandi Delhi.
5. During investigation of FIR No.69/07 PS Special Cell, it was revealed that the respondent No.1 Brijesh Singh and his wife Annapurna Singh had procured fake identities in the name of Arun Kumar Singh and Poonam Singh respectively and they along with the other members of the syndicate had accumulated huge moveable and immoveable properties, shareholdings/ ownership in several firms and companies besides having money by way of fixed deposit in various banks. The details of such properties are as under: -
(a) Bindhyachal Real Estate Developers Pvt. Ltd., N-6/435, IRC Village near Hotel Crown Bhubaneswar Orissa and Sanjana Viniyog Pv
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