Sections 15 , 16 , 17 , 18 , 20 and 23 of the
Unlawful Activities (Prevention) Act, 1967 (Amended) 2004, (in
short ‘the UAP Act ’) were invoked ... Sections 3 , 5 and 25 of the Arms Act and Sections 15 , 16 , 17 ,
4
18 , 20 and 23 of the UAP Act, Sections
this Court was considering the
constitutionality of the provisions of MCOC Act . The Court
observed in paragraph 9 as under:
“9. The analysis ... challenge to the constitutional validity
of MCOC Act , was considered by another Division Bench.
Definition of continuing unlawful activity in Section
Act,
1884 r.w. 3, 4, 25 of Indian Arms Act, 1959
r.w. Section 10 , 13 , 16 , 18 , 23 of Unlawful
Activities (Prevention) Act ... loose sight of Section 167(2) of of the
Code. Section 167 of Code and section 21 of MCOC Act deal with power
offence punishable under Section 3(1)(iii)
r/w Sec. 3(2) of the MCOC Act, 1999 and
are sentenced to suffer ... held guilty
for the offence punishable under
Section 3(4) of the MCOC Act, 1999 and
are sentenced to suffer RI for 7 (seven
Substance
Act, 1908, Sections 3,5 and 25 of Indian Arms Act, 15,16,17, 18, 20 and 23
of Unlawful Activities (Prevention) Act ... material to note that Section 20(8) of TADA had provisions
identical to Section 21(4) of MCOC Act. The Gujarat High Court while
person has undergone the further sentence or sentences.”
8. Section 3 of the MCOC Act is also quoted, under three counts of
which ... offences punishable under
Sections 3(1)(ii) , 3(2) and 3(4) of the MCOC Act. The text of these Sections
shows that these
charged under Sections 120B , 216 , 218 , 221 IPC r/w Sections 3(2) , 3(5) and 24 of MCOC Act and Section ... case would fall only tinder Section 24 and not Section 3(2) of the MCOC Act and the maximum sentence under Section
charged under sections 120-B , 216 , 218 , 221 IPC r/w sections
3(2) , 3(5) and 24 of MCOC Act and section ... case would fall only under Section
24 and not Section 3(2) of the MCOC Act and the maximum
sentence under Section
read with sections 3(1)(ii) , 3(2) ,
3(5) and section 4 of Maharashtra Control of Organized Crimes Act, 1999
[` MCOC Act ... prima facie case has
been made out under section 3(2) of MCOC Act. The material prima facie
shows that though
Dr. Subhash Kashinath Mahajan vs The State Of Maharashtra on 20 March, 2018
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