Crl. A. No.544/2010

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+

CRL.A. 544/2010

Date of Decision: 19^th May, 2010

JAGMOHAN @ MOHAR SINGH

..... Appellant

Through:

Mr. A.S. Dateer, Advocate

versus

STATE

..... Respondent

Through:

Mr. Manoj Ohri, APP

CORAM:

HON’BLE MR. JUSTICE VIPIN SANGHI

1.Whether the Reporters of local papers may :

be allowed to see the judgment?

No

2.To be referred to Reporter or not?

:

No

3.Whether the judgment should be reported :

in the Digest?

No

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JUDGMENT (Oral)

VIPIN SANGHI, J

1.

The present appeal has been filed by the appellant under

section 12 of the Maharashtra Control of Organized Crime Act, 1999

(MCOCA) as extended to the NCT of Delhi, read with section 227 of the

Code of Criminal Procedure, 1973 to impugn the order on charge dated

26.03.2010 passed by the Additional Sessions Judge/Special Judge,

New Delhi, Sh. J.R. Aryan, ordering framing of charge against the

appellant under section 3(2) and 3(4) of the MCOCA along with section

186/353 IPC and section 25/27/59 of the Arms Act in Sessions Case

No.181/2008 arising out of FIR No.521/2005 registered at police station

Connaught Place, New Delhi.

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2.

The case of the prosecution is:

(i)

That on the basis of secret information that the appellant, who

is a notorious criminal and a declared offender of police

station Darya Ganj, would come in a Qualis Van in front of

Regal Cinema towards Gol Dak Khana at about 4:00 p.m. and

that he would be carrying illegal fire arm. The secret

information was to the effect that, if raided, the appellant

could be apprehended with an illegal weapon which he had

been using to extort money from the area. It was also

informed that the Toyota Qualis Van in which he would be

travelling, was wanted in a case registered at police station

Connaught Place.

(ii)

On the basis of this secret information, a raid was conducted

by the police near Hanuman Mandir at about 4:00 p.m. on

13.09.2005. The appellant was found to be driving a Qualis

vehicle bearing registration No.HR-55-A-3776. As the vehicle

was stopped, the appellant allegedly took out a pistol from his

left dub and pointed towards the police Sub Inspector. A

constable immediately snatched the pistol from his hand

which had four live cartridges of 7.65 bore loaded in the

magazine. The same was seized by the police.

(iii)

On being questioned, the appellant could not produce any

paper or proof regarding his ownership of the vehicle. On

examining the vehicle, it was found that the vehicle was

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wanted in case FIR No.168/2003 under section 420/406 IPC of

police station Connaught Place, being stolen property. The

vehicle was taken in possession under section 302 Cr PC. The

FIR was registered on the basis of the Rukka prepared with

information as above. The appellant was remanded to judicial

custody.

(iv)

On investigation being taken up in case FIR No.521/2005 by SI

Pankaj Yadav, it was revealed that the appellant along with

his brothers had been indulging in organized crime. The

proceedings for invoking the provisions of MCOCA were taken

up. Approval under section 23(1)(a) of MCOCA was granted

by the Additional Commissioner of Police (ACP) on 15.09.2005

on the basis of materials placed before him and consequently

sections 3(2) and 3(4) of MCOCA were added to the FIR and

further investigation under Sections 3(2) & 3(4) of MCOCA was

undertaken.

(v)

The brief history of the appellant accused showed that various

criminal cases were registered against him in the year 1995

and thereafter, continuously till the year 2003. The case

registered in 2003 was under Section 406/420 IPC, registered

at police station Connaught Place bearing FIR No.168/2003.

Thereafter, the FIR in question was registered. The entire

material was