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2017 Supreme(Del) 1586

R.K.GAUBA
RAMBEER SHOKEEN – Appellant
Versus
STATE OF NCT OF DELHI – Respondent


Advocates Appeared:
For the Appellant : Mr. Mehmood Pracha, Adv. with R.H.A. Sikander & Mr. Prateek Gupta, Advs.
For the Respondent: Mr. Rajesh Mahajan, Addl.

ORDER :

1. The appellant was arrested on 1.12.2016 during investigation of the first information report (FIR) 10/2015 of police station Special Cell, Delhi for offences punishable under Sections 3 and 4 of the Maharashtra Control of Organised Crime Act, 1999, as extended to Delhi (“MCOCA”, for short) and came to be remanded to custody by orders of an additional sessions judge who had been appointed as the presiding officer of the Special Court under MCOCA in terms of Section 5, such custody having been extended from time to time. By the criminal appeal at hand, presented under Sections 12 MCOCA, also invoking Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.), he challenges certain orders passed by the District and Sessions Judge, New Delhi and the additional sessions judge presiding over the Special Court MCOCA in the said case, primarily contending that his continued remand to judicial custody beyond 1.3.2017 is illegal and that he is entitled to release on bail on account of default on the part of the investigating police agency in completing the investigation and filing its report under Section 173 Cr.P.C. within the statutory period and thereby giving rise to right o











































































































































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