CRIWP2632-2021.DOC

Santosh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

WRIT PETITION NO. 2632 OF 2021

Smt. Lata Dadarao Pawar @ Smt.

Ayesha Amir Shaikh,

Aged about 48 years, Occu. Flower

Vendor and garment business,

Resident of Room No.27, Harbour Line,

Zopadpatii, Azad nagar, Mahim, Mumbai

...Petitioner

Versus

1.

State of Maharashtra

Through the Principal Secretary, Home

Department, Government of

Maharashtra, Mantralaya, Mumbai –

400 032.

...Respondents

2.

Commissioner of Police, Railways, Area

Manager Building, 4^th Floor, P Dmello

Road, Wadi Bunder, Mumbai – 400 010

3.

Assistant Commissioner of Police –

Dadar Division, Through Dadar Railway

Police Station, Mumbai.

Ms. Anjali Awasthi, for the Petitioner.

Mrs. M. H. Mhatre, APP for the State/Respondent.

CORAM:

S. S. SHINDE &

N. J. JAMADAR, JJ.

RESERVED ON:

5^th AUGUST, 2021.

PRONOUNCED ON:

13^th AUGUST, 2021.

JUDGMENT:- PER : N. J. JAMADAR, J.

1.

Rule. Rule made returnable forthwith and, with the

consent of the Counsels for the parties, heard fnally.

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2.

This petition under Article 226 of the Constitution of India

assails the legality and validity of the approval order dated 14^th

June, 2021, passed by the Commissioner of Police – respondent

no.2, under Section 23(1)(a) of the Maharashtra Control of

Organised Crime Act, 1999 (“the MCOC Act”) for application of

provisions of Section 3(3), 3(4), 3(5) and 4 of the MCOC Act, to

the crime registered vide CR No.286 of 2021, at Dadar Railway

Police Station, Mumbai, for the offence punishable under

Section 387, 392, 195(a), 506(2), 507, 120-B, 384, 385, 212 and

224 of the Indian Penal Code, 1860 (“the Penal Code”).

3.

Shorn of unnecessary details, the background facts

leading to this petition can be stated as under:

(a)

Mr. Munir Ansari, a street vendor, lodged a report on

7^th April, 2021 that Mr. Santoshkumar Rampratap Sing @ Bablu

Thakur (“Bablu Thakur”) kicked him from behind, while he was

selling face masks at 3^rd railway bridge, at Dadar railway

station. Upon being asked, Bablu Thakur questioned him as to

why he had not paid the amount of Rs.500/- per day of

business as hafta (protection money). Bablu Thakur took away

1150 face masks while giving threat that if the amount was not

paid, the frst informant would be eliminated. It was further

reported that Bablu Thakur was collecting protection money

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(hafta) from the hawkers at Dadar railway station and assaulted

the hawkers who refused to pay, by employing the henchmen.

(b)

Investigation commenced. It transpired that the said

Bablu Thakur was running an organized crime syndicate. He

and the members of the gang, including the petitioner, were

indulging in continuing unlawful activity by extorting money

from the unsuspecting persons. They used deadly weapons and

committed violence.

(c)

Initially, the petitioner was arrested in the said

crime. The petitioner came to be released on bail by order dated

8^th June, 2021, by the learned Sessions Judge. On the very day,

the proposal to invoke the provisions contained in MCOC Act

was moved. By the impugned order dated 14^th June, 2021,

respondent no.2 accorded approval under Section 23(1)(a) of the

MCOC Act. Consequently, the learned Special Judge by an

order dated 9^th July, 2021 cancelled the bail granted to the

petitioner in Bail Application No.1331 of 2021 and directed the

petitioner to surrender before the Court on or before 13^th July,

2021 and, in the event of default, issue a non-bailable warrant

against the petitioner.

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CRIWP2632-2021.DOC

4.

Being aggrieved, the petitioner has invoked the writ

jurisdiction of this Court assailing the legality and validity of the

impugned approval order.

5.

By an order dated 29^th July, 2021, as the learned APP

sought time to take instructions, we directed that the non-

bailable warrant ordered to be issue