Case Note & Summary
The State of Maharashtra appealed against the judgment and order dated 2nd September 2002 passed by the learned Special Judge, MCOC Act, Nashik in MCOC Case No.2 of 2002. The Special Judge had allowed an application preferred by the respondents (original accused) for transfer of the case under Section 11 of the Maharashtra Control of Organised Crime Act, 1999 (MCOC Act). The learned Judge held that there was no material to arrive at a prima facie conclusion that the accused could be prosecuted under the MCOC Act, particularly Section 3 thereof. The prosecution case, in brief, was that on 18th July 2001 at about 10.30 to 11.00 p.m., the complainant Jakir Hamid Shah and his friends were discussing business at Islami Chowk, Ward No.2, Shrirampur. At that time, some accused persons passed by and threatened one Gabbar @ Ansar Kureshi, stating that he was saved last time but now cannot be saved. Later, they returned with deadly weapons like swords and koytas. The High Court, in appeal, considered whether the Special Judge's order was sustainable. The Court noted that the appeal was initially filed as a revision but was converted into an appeal as the order was appealable under the MCOC Act. The High Court found that there was sufficient prima facie material to proceed against the accused under the MCOC Act and set aside the impugned order, directing the Special Judge to proceed with the case in accordance with law.
Headnote
A) Criminal Procedure - MCOC Act - Transfer of Case - Section 11 MCOC Act, 1999 - The Special Judge allowed transfer of case before framing charges holding no prima facie material for Section 3 MCOC Act - The High Court held that the order was appealable and set aside the same, finding sufficient prima facie material to proceed against the accused under MCOC Act (Paras 1-3).
Issue of Consideration
Whether the Special Judge erred in allowing the transfer application under Section 11 of MCOC Act on the ground of no prima facie material for prosecution under Section 3 of MCOC Act.
Final Decision
Appeal allowed. Impugned order dated 2nd September 2002 set aside. Special Judge directed to proceed with the case in accordance with law.
Law Points
- Prima facie case
- MCOC Act Section 3
- organized crime
- transfer of case
- appellate jurisdiction
