Case Note & Summary
The Bombay High Court dismissed two appeals filed under Section 12 of the Maharashtra Control of Organised Crime Act, 1999 (MCOCA) challenging the rejection of applications to drop MCOCA charges. The appellants, original accused Nos.4, 5, and 6 in Special Case No.909/2020, were prosecuted for offences including murder, unlawful activities, and MCOCA provisions arising from an incident on 1st May 2019 in Gadchiroli. The crime was initially registered as C.R. No.19/2019 at Purada Police Station and later transferred to the National Investigation Agency (NIA), which renumbered it as RC-02/2019/NIA/MUM. The NIA filed a charge-sheet on 4th December 2019 and a supplementary charge-sheet on 24th September 2020. The Competent Authority granted prior approval under Section 23(1)(i) of MCOCA on 7th February 2020, relying on two predicate offences: Sessions Case No.99/2019 (cognizance taken on 30th May 2019) and Sessions Case No.70/2019 (cognizance taken on 22nd April 2019). The appellants argued that under Mahipal Singh v. CBI, cognizance of both predicate offences must have been taken on the date of registration of the crime (2nd May 2019), and since cognizance of one case was taken later, the approval was invalid. The NIA countered that the relevant date for cognizance is the date of prior approval, not the date of crime registration. The court held that the requirement of cognizance being taken before approval was satisfied, as both predicate offences had cognizance taken prior to 7th February 2020. The court distinguished Mahipal Singh, noting that it does not require cognizance to be taken before the registration of the crime. Consequently, the appeals were dismissed, and the impugned orders rejecting the applications to drop MCOCA charges were upheld.
Headnote
A) Criminal Procedure - MCOCA - Prior Approval - Section 23(1)(i) Maharashtra Control of Organised Crime Act, 1999 - Validity of prior approval granted by Competent Authority under MCOCA - The court examined whether the prior approval was valid when cognizance of the two predicate offences (Sessions Case No.99/2019 and Sessions Case No.70/2019) was taken on 30th May, 2019 and 22nd April, 2019 respectively, while the approval was granted on 7th February, 2020 - Held that the requirement of cognizance being taken before approval is satisfied as cognizance was taken prior to the approval date, and the ratio in Mahipal Singh v. CBI does not require cognizance to be taken before registration of the crime (Paras 6-6.1).
Issue of Consideration
Whether the prior approval granted under Section 23(1)(i) of the Maharashtra Control of Organised Crime Act, 1999 is valid when cognizance of the predicate offences was taken after the registration of the crime but before the date of approval.
Final Decision
Both appeals are dismissed. The impugned orders dated 6th March 2023 rejecting the applications to drop MCOCA charges are upheld.
Law Points
- Prior approval under MCOCA
- Cognizance of predicate offences
- Organized crime syndicate
- Section 23(1)(i) MCOCA Act
- Mahipal Singh v. CBI ratio
Case Details
2024 Lawtext (BOM) (6) 119
Appeal No.472 of 2023 and Appeal No.523 of 2023
Mr. Bhawnani (for appellants in Appeal No.472/2023), Ms. Shaikh (for appellant in Appeal No.523/2023), Smt. Pai (Special P.P. for Respondent No.1)
Somsay Dalasay Madvi Ors.
National Investigation Agency Ors.
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Nature of Litigation
Appeals under Section 12 of MCOCA challenging rejection of applications to drop MCOCA charges.
Remedy Sought
Appellants sought setting aside of impugned orders and dropping of MCOCA provisions against them.
Filing Reason
Appellants contended that prior approval under MCOCA was invalid because cognizance of one predicate offence was not taken on the date of registration of the crime.
Previous Decisions
The trial court rejected the applications to drop MCOCA charges on 6th March 2023.
Issues
Whether the prior approval under Section 23(1)(i) of MCOCA is valid when cognizance of predicate offences was taken after the registration of the crime but before the approval date.
Submissions/Arguments
Appellants argued that under Mahipal Singh v. CBI, cognizance of both predicate offences must have been taken on the date of registration of the crime (2nd May 2019), and since cognizance of one case was taken later (30th May 2019), the approval was bad in law.
Respondent NIA argued that the relevant date for cognizance is the date of prior approval (7th February 2020), and both predicate offences had cognizance taken before that date, so the approval was valid.
Ratio Decidendi
The requirement under Section 23(1)(i) of MCOCA for prior approval is that cognizance of predicate offences must have been taken before the date of approval, not necessarily before the registration of the crime. The ratio in Mahipal Singh v. CBI does not mandate cognizance to be taken before the registration of the crime.
Judgment Excerpts
The Competent Authority while granting prior approval by its impugned Order has taken into consideration two crimes registered against the Organized Crime Syndicate of CPI (M) in the present case... As per the record, the trial Court has taken cognizance in the said two cases on 30th May, 2019 and 22nd April, 2019 respectively.
The court held that the requirement of cognizance being taken before approval is satisfied as cognizance was taken prior to the approval date, and the ratio in Mahipal Singh v. CBI does not require cognizance to be taken before registration of the crime.
Procedural History
Crime registered on 2nd May 2019; transferred to NIA on 24th June 2019; charge-sheet filed on 4th December 2019; supplementary charge-sheet on 24th September 2020; prior approval under MCOCA granted on 7th February 2020; appellants filed applications to drop MCOCA charges; trial court rejected applications on 6th March 2023; appeals filed under Section 12 of MCOCA.
Acts & Sections
- Maharashtra Control of Organised Crime Act, 1999: 3(1)(i)(ii), 3(2), 3(4), 12, 23(1)(i)
- Indian Penal Code, 1860: 302, 353, 427, 120-B, 121, 121A, 147, 148, 149
- Explosive Substances Act: 3, 4, 5
- Unlawful Activities (Prevention) Act, 1967: 16, 17, 18, 18B, 20, 38, 39, 40
