Case Note & Summary
The appellants, original accused Nos. 2 and 4, filed an appeal under Section 12 of the Maharashtra Control of Organised Crime Act, 1999 (MCOCA) challenging an order dated 29th December 2022 passed by the Special Judge, City Civil & Sessions Court, Greater Bombay, which rejected their application to drop MCOCA charges and transfer the case to a regular court. The case arose from an incident on 18th December 2020 where the informant and his family were assaulted by a group led by Shravan @ Aawan J. Chavan, the head of an organised crime syndicate, over a construction contract. The appellants were alleged to have actively participated in the assault. The prosecution obtained prior approval under Section 23(1)(a) and sanction under Section 23(2) of MCOCA. The appellants argued that MCOCA was wrongly applied because they were not accused in any other crimes and there was no pecuniary gain for them. The court, after hearing arguments and reviewing the record, including CCTV footage and witness statements, found that the appellants were present and actively involved in the crime as members of the syndicate. The court held that the requirement of two prior chargesheets in the preceding 10 years pertains to the organised crime syndicate, not each individual member. The appeal was dismissed, and the trial court's order was upheld.
Headnote
A) Criminal Law - Maharashtra Control of Organised Crime Act, 1999 - Sections 3, 11, 12, 23 - Application of MCOCA to Members of Organised Crime Syndicate - The appellants sought dropping of MCOCA charges on the ground that they were not individually accused in two prior crimes. The Court held that the requirement of two chargesheets in the preceding 10 years of which cognizance is taken is qua the organised crime syndicate and not against each member. The presence and active participation of the appellants in the crime, along with the syndicate head, justified the application of MCOCA. (Paras 9-10) B) Criminal Procedure - Transfer of Case - Section 11 of MCOCA - The appellants sought transfer of the case to a regular court after dropping MCOCA charges. Since the Court upheld the MCOCA charges, the question of transfer did not arise. (Para 3)
Issue of Consideration
Whether the provisions of the Maharashtra Control of Organised Crime Act, 1999 (MCOCA) can be applied to the appellants who are not individually accused in two prior crimes, and whether the trial court erred in rejecting their application to drop MCOCA charges.
Final Decision
Appeal dismissed. The trial court's order rejecting the application to drop MCOCA charges is upheld.
Law Points
- MCOCA
- Section 3
- organised crime syndicate
- prior approval
- sanction
- two chargesheets requirement
- member liability
- dropping of charges
