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R.C.CHAVAN
Prafulla s/o. Uddhav Shende – Appellant
Versus
State of Maharashtra – Respondent
What is the proper interpretation of "continuing unlawful activity" under Section 2(d) of MCOCA, and whether past charge-sheets alone can sustain a conviction for organised crime? What are the essential elements required to convict a person of organised crime or being a member of an organised crime syndicate under Section 2(e)/(2)(f) and Section 3 of MCOCA? How must approval under Section 23 and sanction under Section 21/23 (or Section 23) be applied and evaluated in cases invoking MCOCA, particularly when prior offences do not constitute a substantiated continuing unlawful activity?
Key Points: - (!) (!) Definition of continuing unlawful activity in Section 2(1)(d) and its reliance on past charge-sheets within ten years. - (!) (!) (!) Section 3 punishment framework for organised crime, including distinctions between death/life imprisonment and other offences. - (!) (!) (!) (!) Required elements to charge someone with organised crime or being a member of an organised crime syndicate. - (!) (!) The role of multiple charge-sheets and cognizance as part of establishing continuing unlawful activity. - (!) (!) Jurisprudence on how past activities must relate to ongoing continuation and not merely be arithmetical; need for substantive ongoing acts. - (!) (!) (!) The mandatory nature of Section 23 approvals and the need for mindful, case-specific application. - (!) (!) Outcome: in these appeals, conviction based solely on past charge-sheets without a continuing overt act could not be sustained; appeals allowed and acquittals/rescissions.
2. The accused persons, who were tried in Special Criminal Case No. 112001, are allegedly gangsters led by one Shiva (Accused No.1 therein) and those in Special Criminal Case No.212001, allegedly belong to rival gang led by Mehmood Khan Path an (Accused No.1 in Special Criminal Case No.2/200l). It is alleged that initially all of them formed one gang, which later split into two gangs. They used to clash over right to extort. Both these gangs were allegedly involved in criminal activities like extortion etc. in industrial town of Khaparkheda on the outskirts of Nagpur City.
3. The gang leaders, i.e. Shiva @ Shivaji Ramaji Son wane (Accused No.1 in Spl. Criminal Case N 0.112001, hereinafter referred to as Accused No. 111 to avoid confusion) and Mehmood Khan Pathan (Accused No.1 in Special Criminal Case No.212001, hereinafter referred to as Accused No.
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