VIPIN SANGHI, J.

1. The Applicant herein, Zohra Sheikh has preferred the present bail application seeking regular bail under section 439 of the Code of Criminal Procedure (Cr.P.C) read with Section 21(4) of Maharashtra Control of Organised Crime Act, 1999 (MCOCA) in case FIR No. 464/05 under sections 21/29 of Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act), 25/27 of the Arms Act, 468/471 of Indian Penal Code (IPC) read with sections 3 & 4 of MCOCA titled State v. Sharafat Sheikh pending adjudication before Ld. ASJ, Saket District Courts, New Delhi. The applicant is facing trial under section 3(2), 3(5) and 4 of MCOCA, section 3 read with section 181 of Motor Vehicles Act (MV Act) and section 201 and 471 of IPC and has been in judicial custody since 12.06.2006. The prosecution evidence is complete in the case and application under Section 311 CrPC and supplementary charge sheet is pending consideration.

2. The case of the prosecution is that based on secret information received through an informer on 07.07.2005, main accused Sharafat Sheikh, BC of PS Nizamudin, suspected to trade in narcotics with his gang members in Delhi on a large scale, was to come to his residence with co accused Mohd. Salim having smack and illegal arms in his possession. Based on this specific information, a special team was constituted and a raid was conducted. Main accused, Sharafat Sheikh was found to be in possession of a pistol loaded with four live cartridges and a packet containing 500 grams of brown coloured powder alleged to be ‘Heroin/smack.’ A ruqqa was prepared and the subject FIR was registered in PS Nizamuddin.

3. Investigation revealed that main accused Sharafat Sheikh was deeply involved in illegal trade of drugs and implicated in more than 75 criminal cases concerning offences under, inter-alia, NDPS Act, Arms Act, IPC (theft, hurt, assault on government officials, criminal intimidation, kidnapping etc.). Since it was alleged that Sharafat is the chief of a crime syndicate and is amassing wealth through illegal trade of narcotics, provisions under MCOCA were invoked and approved. Sanction u/s 23(2) of MCOCA was granted by the Addl. Commissioner of Police for prosecution of petitioner’s co accused Sharafat Sheikh, Mohd. Saleem, Sheikh Hannan and Mrs. Najma Sheikh (first wife of Sharafat Sheikh). Subsequently, the first charge sheet dated 10.12.2005 was filed against the aforesaid co accused with certain discoveries against the applicant as well. During the course of further investigation, the prosecution sought sanction against the applicant herein (second wife of Sharafat Sheikh) for the alleged commission of offence under section 4 MCOCA and a supplementary charge sheet dated 08.09.06 was filed against her. Further, the Ld Sessions Judge, while framing charges added section 3(2), 3(5) MCOCA, section 201 IPC, section 471 IPC and section 3 read with 181 of MV Act in addition to Section 4 MCOCA against the applicant. She was arrested on 12.06.2006. She applied for regular bail before the Sessions Court which was dismissed by the Ld. Sessions Judge vide order dated 27.06.2016.

4. The investigation disclosed that the main/co accused Sharafat Sheikh purchased a number of immoveable and moveable properties in his name and in the name of his wives - including the accused applicant Ms. Zohra Sheikh, from the funds allegedly generated out of illegal trade of narcotics. The applicant was holding many bank accounts, opened after her marriage in Delhi and Mumbai. The applicant, with her husband/co accused Sharafat and their family members were maintaining a very lavish and fancy lifestyle. It is the case of the prosecution that the applicant has acquired and is possessed of the aforesaid wealth, movable and immoveable properties by facilitating the crime syndicate lead by her husband Sharafat and has thereby committed an offence