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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPELLATE JURISDICTION

CRIMINAL WRIT PETITION NO.147 OF 2007

CRIMINAL WRIT PETITION NO.147 OF 2007

CRIMINAL WRIT PETITION NO.147 OF 2007

John D’Souza,

Age -34 years, Occ: Service,

residing at 341, Room No.2728,

Motilal Nagar No.2, Bangur Nagar,

Goregaon (W),

Mumbai-400 090.

(At present detained in Central

Prison, Mumbai). .. Petitioner.

Petitioner.

Petitioner.

Vs

Vs

Vs

1. Assistant Commissioner of Police,

B-1/Special, DCB, CID, Mumbai.

2. Joint Commissioner of Police (Crime)

Crime Branch, CID, Mumbai.

3. Commissioner of Police,

Brihanmumbai.

4. The State of Maharashtra. .. Respondents

Respondents

Respondents

Mr M.S.Mohite, for the petitioner.

Mr S.R.Borulkar, Public Prosecutor for the respondents.

CORAM : SMT.RANJANA DESAI & D.B.BHOSALE,JJ.

CORAM : SMT.RANJANA DESAI & D.B.BHOSALE,JJ.

CORAM : SMT.RANJANA DESAI & D.B.BHOSALE,JJ.

DATED : 30th APRIL, 2007

DATED : 30th APRIL, 2007

DATED : 30th APRIL, 2007

ORAL JUDGMENT : (Per D.B.Bhosale, J.)

ORAL JUDGMENT : (Per D.B.Bhosale, J.)

ORAL JUDGMENT : (Per D.B.Bhosale, J.)

1. This writ petition under Article 226 of the

Constitution of India read with section 482 of the Code

of Criminal Procedure, 1973 (for short, "the Code")

raises the following questions:-

(i) Whether it is necessary that a separate

information under section 23(1)(a) of

Maharashtra Control of Organised Crime Act, 1999

("for short,"MCOCA"), should be recorded after

the approval is accorded under this section even

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in cases where the crime had already been

registered after recording the FIR under section

154 of the Code for the offences under the

Indian Penal Code?

(ii) Whether a police officer, other than the

officer mentioned in section 23(1)(a) of MCOCA,

has power to club two or more similar offences

together, having been committed by the very same

organised crime syndicate before the sanction

under section 23(2) is accorded, without seeking

a fresh approval in respect thereof and the

police officer mentioned in sub-section 23(1)(b)

can proceed to investigate them as a single

offence?

(iii) Whether the sanction accorded under

section 23(2) of MCOCA would be rendered invalid

on the ground that the prior approval under

section 23(1)(a) was not obtained for recording

an information about an offence registered

earlier bearing DCB, CID No.87/2005, which is

clubbed wi