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
absent in section 9 and therefore a Special Court functioning under section 9 can act under section 156 and order inquiry under section ... act having jurisdiction under sections 6 and 7 of the act.
36. Then comes the crucial section, section 9 . It prescribes the procedure and powers
before the Special Court constituted for trying such offence. Section 6 of the MCOC Act makes a provision in respect of the exclusive jurisdiction ... additional Judge appointed by the Government of Maharashtra under Section 5 of the MCOC Act and therefore, he was not supposed to preside over
section 21 , the
provisions of section 25 are also
relevant. Section 25 of MCOC in terms
state that the provisions of this Act ... investigation subject to further investigation
under section 173 (8) while section 21 (7) of
MCOC Act from the very definition continue to
apply even
Sections
395, 397, 324, 323, 504, 506(2) read with 120-B of the IPC and
sections 4 and 25 of the Arms Act were ... 2020
punishable under sections 387 and 341 of the IPC read with
sections 3 and 25 of the Arms Act, the appellant has been
granted
18/08/2021, the approval u/s 23(1)(a) was granted to apply
provisions of MCOC Act .
5. The appointed Investigating Officer under ... this application, the
competent authority granted sanction u/s 23(2) of MCOC Act on
18/01/2022 and the charge-sheet showing MCOC
been
acquitted. He would also argue that Section 10 of MCOC Act would
not come ... been commenced as kept in abeyance as per
Section 10 of MCOC Act, there is no hope of concluding the trial in
the near
this case was made on 18052009. Accused Jagbir
Singh gave his confessional statement u/s 18 MCOC Act. Accused
Jagbir Singh ... this case
on 01072009. His confessional statement u/s 18 MCOC Act was
also recorded. Accused Jaipal @ Chaudhary was arrested by Crime
under Section 489-A , 489-B , 489-C , 420 and 120B of Indian Penal Code. Later on the provisions of the MCOC Act were ... under Section 167(2) came to be rejected. However, now it is settled law that even if the provisions of the MCOC Act
custody in MCOC case on 23.10.2004. Further, the statement of witness recorded under Section 161 as well under Section ... Rasiklal and Joshi in the offence punishable under Section 3 , 25A of the MCOC Act and in that regard the investigation is in progress
