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CASE NO.:

Appeal (crl.) 523 of 2005

PETITIONER:

Ranjitsing Brahmajeetsing Sharma

RESPONDENT:

State of Maharashtra & Anr.

DATE OF JUDGMENT: 07/04/2005

BENCH:

N. Santosh Hegde,B.P. Singh & S.B. Sinha

JUDGMENT:

J U D G M E N T

(Arising out of SLP (Crl.) No.3879 of 2004)

S.B. SINHA, J :

Leave granted.

Interpretation and application of the Maharashtra Control of

Organised Crime Act, 1999 (for short ’MCOCA’) is involved in this appeal

which arises out of a judgment and order dated 16th July, 2004 passed by a

learned Single Judge of the Bombay High Court in Criminal Application No.

572/2004 refusing bail to the Appellant herein.

The Appellant is a former Commissioner of Police. He was posted in

the city of Pune in the said capacity between 30th April, 2000 and 31st

December, 2000. He was appointed Commissioner of Police, Mumbai on or

about 1st January, 2003. Allegedly, he was so posted upon supercession of a

few officers. A disciplinary proceeding was initiated against him on

25.11.2003 but without taking any further action thereupon, he was allowed

to superannuate on 30.11.2003.

One Abdul Karim Ladsa Telgi (hereinafter referred to as ’Telgi’) was

arrested and proceeded against for alleged commission of offence of printing

counterfeit stamps and forgery in various States including the State of

Maharashtra. He was lodged in Bangalore Jail since November, 2001.

During the Appellant’s tenure as Commissioner of Police, Pune, fake

stamp papers worth Rs. 2.98 lacs were seized whereupon a first information

report bearing C.R. No. 135 of 2002 came to be registered at Bund Garden

Police Station, Pune under Sections 120-B, 255, 249, 260, 263(a) and (b),

478, 472 and 474 read with Section 34 of the IPC. The said offence was

being investigated by one Mr. Deshmukh but having regard to the magnitude

thereof, three teams lead by one Mr. S.M. Mushrif, Addl. Commissioner of

Police (Crime) were formed. The said Mr. Mushrif is said to be a brother of

a Minister of the Government of Maharashtra. On or about 16.07.2002,

however a proposal was mooted to invoke Section 3 of the MCOCA and

upon obtaining the opinion of Senior Public Prosecutor therefor, the same

was invoked.

One Mr. Mulani, Assistant Commissioner of Police (Crime Branch)

had been included in the field work team along with other officers in

connection with the investigation of the said crime. Overall supervision of

the said crime, however, was entrusted to one Mr. Maheshgauri, Joint

Commissioner of Police.

On the ground of alleged involvement in the aforementioned case, the

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Appellant was arrested on 1.12.2003 whereafter a remand application for 15

days of police custody was made but he was remanded to police custody

from 2.12.2003 to 9.12.2003 and thereafter to judicial custody. His

application for bail was rejected by the Special Court, Pune by an order

dated 19.1.2004 whereupon he filed an application for grant of bail before

the High Court. By reason of the impugned order, the said application has

been rejected.

Before adverting to the rival contentions raised in this appeal, we may

notice some admitted facts.

On the basis of the information received by the Appellant and on his

direction to intercept the car and on his telephonic instruction thereabout, a

first information report dated 7.6.2002 was lodged. During the course of the

investigation of the said case, number of places were raided and huge

quantity of stamps, printing machinery worth Rs. 21,28,47,63,824/- were

seized from several accused persons.

The provisions of the MCOCA were invoked against Telgi who

figured as accused No. 23 and Mr. Shabir Sheikh, accused No. 25 on the

ground that a period of 90