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(e) Being satisfied, the said Authority granted prior approval for applying the provisions of Section 3 of the MCOC Act against the named accused persons along with Sections 120-B, 384, 387 and 34 of the I.P.C.

r/w Section 25 of the Arms Act. The said approval order dated 21st October 2004 reads thus:

"No.58:/Jt.C.P.(Crime)/U-IX/2004 Office of the Jt.Commissioner of Police (Crime), Brihan Mumbai.

6 wp.1956.05.sxw Station C.R.No.249/2004) u/s 120(b) IPC r/w 384, 387, 34 IPC r/w 3, 25 Arms Act.

On going through the papers and reports placed before me, I am satisfied that Jamiruddin @ Jambo @ Kalya Gulam Rasul Ansari and Rajesh Laxminarayan Panchariya are in touch with Anis Ibrahim Kaskar through the mobile phones used by them and the documentary evidence gathered so far, shows that they are active members of Organized Crime Syndicate of Anis Ibrahim Kaskar, a faction of Dawood Ibrahim Gang. It also appears that Mohammed Farukh Mansuri is also instrumental in transferring the machines from Dubai to Karachi. From the interrogation and recorded statements of Jamiruddin @ Jambo @ Kalya Gulam Rasul Ansari and Rajesh Laxminarayan Panchariya in DCB CID C.R.No. 122/2004 (J.J.Marg Police Station CR.No.249/2004) u/s 120(b) IPC r/w 384, 387, 34 IPC r/w 3, 25 Arms Act, it has transpired that they are active members of the Organized Crime Syndicate of Anis Ibrahim Kaskar. The arrested accused Jamiruddin @ Jumbo @ Kalya Gulam Rasul Mansuri assisted the Organized Crime Syndicate by arranging the export of 5 machines used for Gutka packing worth of Rs.2,64,000/- obtained by way of extortion by putting the complainant in fear of death. The said machines were manufactured by Rajesh @ Rajubhai Laxminarayan Panchariya and were delivered to Dubai from where the said machines were cleared for onward delivery to Karachi by other active associates of Anis Ibrahim Kaskar namely Farukh Mansuri. Few months back i.e. in the month of July-2004 the said accused persons again delivered spare parts of Gutka Filling .... Pouch Packing Machine to Anis Ibrahim Kaskar.

12 wp.1956.05.sxw further investigation of case number 249/2004 of J.J. Marg Police Station, Mumbai, Maharashtra under section 120-B of IPC read with sections 384, 387 and 34 of IPC and sections 3 and 25 of the Arms Act read with Sections 3(1) (ii), 3(2) and 3(4) of the Maharashtra Control of Organized Crime Act 1999 relating to nexus between `gutka' manufacturers and the underworld, and attempts, abetments, conspiracies in relation to, or in connection with the said offences, and any other offences committed in the course of the same transaction or arising out of the same facts.

9. From the above decisions, it would necessarily follow that once prior approval was granted by the Competent Authority on 21st October 2004 for applying the provisions of Section 3 of MCOC Act, to DCB CID Unit 9 CR No.122/2004 under Section 120-B of the I.P.C. r/w Sections 384, 387 and 34 of the I.P.C. r/w Sections 3 and 25 of Arms Act, that authorised the Investigating Officer to investigate the said case against all concerned and not limited to the named accused. Indeed, after the investigation, before filing of charge-sheet in Court, the Investigating Officer is obliged to obtain sanction under Section 23(2) of the MCOC Act from the Appropriate Authority. If such sanction were to be granted generally with reference to 44 wp.1956.05.sxw the proposed charge-sheet, that would be sufficient compliance. However, if the Sanctioning Authority were to accord sanction to prosecute only some of the accused referred to in the charge-sheet then the sanction to prosecute would apply only as against those accused and offence under the provisions of MCOC would apply only qua those accused. In which case, the accused against whom such sanction is not accorded, cannot be proceeded further for the offence under MCOC Act, as the Special Court cannot take cognizance of that offence against such accused.