VIPIN SANGHI, J.

1. The Petitioner has preferred the present writ petition to challenge the constitutionality and vires of section 3(1)(ii) of the Maharashtra Control of Organized Crime Act, 1999 (MCOCA, for short) which was extended to National Capital Territory of Delhi by notification dated 02.01.2002; and to seek a writ of certiorari for quashing of the order on sentence dated 11.04.2018 passed by Ld. ASJ-03 (South), Saket Court, in SC No. 6989/2016, in so far as it has imposed a fine of rupees five lakhs with default imprisonment of 2 years under section 3 (1)(ii) of the MCOCA.

2. On 22.04.2010, FIR No. 111/2010 was registered at PS Vasant Kunj, Delhi against the petitioner and others under section 3 of the MCOCA. Post investigation, charge sheet was filed on 28.07.2010 against the petitioner herein and other accused persons for the offences under Section 3 of the MCOCA. Charges were framed against the petitioner and other accused Baldev Raj, Rafiq and Shabhuddin u/s 3(1) of the MCOCA, and against accused Munesh Kumar and Paras u/s 3(2) of the MCOCA vide order dated 5.12.2011. Petitioner pleaded “not guilty” and thus the case went to trial. The Ld. ASJ, vide judgment d