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1. This appeal is directed against the order dated 6th December, 2006, in Special Case No. 8/2005, passed by the Special Court constituted under the Maharashtra Control of Organised Crime Act, 1999 (MCOC Act) at Pune, whereby the application of the appellant seeking discharge came to be rejected.

2. The appellant (alongwith others) is an accused in the said Special Case No.8/2005. According to the appellant, he was also shown as accused in another case under MCOC Act being Special Case No.1/1999. By judgment and order dated 6th October, 2002 in the said Special Case No.1/1999, the appellant alongwith the other accused persons, were held guilty for the offence punishable under section 3(i) (ii) of MCOC Act and sentenced to undergo rigorous imprisonment for 5 years and to pay a fine of Rs. 5 lakhs each and in default to suffer further rigorous imprisonment for 3 years. The appellant and said other accused persons were also convicted of the offence punishable under section 3 r/w section 25 of the Arms Act and section 33 r/w 34 of Indian Penal Code. Accordingly the appellant was detained and was undergoing his sentence in connection with the said case. The appellant challenged the above order of conviction in the above Special Case No. 1/1999, by preferring a Criminal Appeal being Criminal Appeal No. 1271/2002 before this Court, which is admitted and is pending hearing and final disposal. After rejection of an earlier bail application, the appellant was ultimately granted bail on 29th July, 2003 by this Court in the said Criminal Appeal.

     The     discharge
                       ig     application        ultimately         came       to     be

     rejected        by     the impugned order-hence,               the      present
                     
     appeal.



     4.        The         learned       Counsel      for      the        appellant
      

submitted that the appellant is falsely implicated in C.R.No.212/2004 which was registered at the instance of API Jagdish Satav and he was arrested again on 17-06-2004 within a period of one year of his release on bail on 29-07-2003 in Criminal Appeal No.1271/2002 by wrongly invoking the provisions of MCOC Act. The learned Counsel contended that the provisions of MCOC Act are not applicable in the present case. It is contended by him that no FIR under the provisions of MCOC Act has been filed as required under the law and the requirements under section 23(1) (A) of MCOC Act have not been followed and therefore, cognizance of the case could not have been taken. It is his contention that the proposal was defective and the sanction order is not issued by the proper authority.

9. Thereafter, upon a proposal dated 4-02-05 from the Inspector of Police, Lashkar, through the Assistant Commissioner of Police, Lashkar Division, Pune-1 and Dy. Commissioner of Police, Zone II, in relation to seeking permission to initiate action as per section 3 of MCOC Act against the crime registered in Lashkar police station CR No. 212/04, the Additional Commissioner of Police (Crime), Pune, after scrutinizing the said proposal and the report and documents submitted to him, vide his order dated 10.02.2005 approved the proposal and granted permission as per the provisions of section 23(1)(a) of MCOC Act, to make applicable section 3(1)(ii), (2) (4) of MCOC Act to the offence registered at Lashkar Police Station under C.R. No. 212/04 and directed that further investigation into the registered offence be handed over to the Asstt. Commissioner of Police, Lashkar Division, Pune City. The Additional Director General of Police and Commissioner of Police, Pune City, thereafter, upon receiving the letter of the Additional Commissioner of Police (Crime), Pune City and the papers of investigation in C.R. No. 212/04, having regard to the evidence brought on record during the investigation of the said C.R. No. 212/04 and having satisfied himself that prima facie case was made out against the appellant and other accused persons to prosecute them under MCOC Act, accorded sanction under section 23(2) of MCOC Act for prosecution of the appellant and the other accused persons for the crimes committed by them under section 3 of MCOC Act for taking cognizance by the Special Court.

however, in the present case there is a valid sanction in place by the sanctioning authority.

Hence this decision is also of no assistance to the appellant.

15. Upon going through the material on record, we do not find any illegality or irregularity in the procedure adopted by the Authorities to make the provisions of MCOC Act applicable to the facts of the case. We find that the approving authority has approved the proposal and granted permission as per the provisions of section 23(1)(a) of MCOC Act, to make applicable section 3(1)(ii), (2) (4) of MCOC Act to the offence registered at Lashkar police Station C.R. No. 212/04 after scrutinizing the said proposal and the report and documents submitted to him and it was also directed that further investigation ig into the registered offence shall be handed over to the Asstt. Commissioner of Police, Lashkar Division, Pune City.