Hereinafter also referred to as the ‘sanctioning authority’.
2 For short, ‘MCOCA’.
1
under the Indian Penal Code , 18603, the Arms Act, 19594 as also ... MCOCA.
3. The genesis of the present appeal is in the complaint filed on
08.05.2020 at Police Station Sadar, Nagpur City. Therein, the
complainant alleged
Maharashtra
Control of Organised Crime Act, 1999 (hereinafter referred to 'MCOCA')
read with Section 482 Cr.P.C. against the impugned order dated ... passed by learned Special Judge (MCOCA)-cum-ASJ. Since broad facts in
both the cases are same and the appeals are also on the same
Maharashtra
Control of Organised Crime Act, 1999 (hereinafter referred to 'MCOCA')
read with Section 482 Cr.P.C. against the impugned order dated ... passed by learned Special Judge (MCOCA)-cum-ASJ. Since broad facts in
both the cases are same and the appeals are also on the same
Central Jail, Jalna and
was shifted to Harsool Central Jail,
Aurangabad for MCOCA trial before
Ld. Special Judge, (MCOCA) Aurangabad)
..APPLICANT
-VERSUS-
The State ... Maharashtra Control of Organized Crime Act, 1999
(for short, " MCOCA Act ").
2. The alleged incident happened on 7th October,
2019. The deceased
Central Jail, Jalna and
was shifted to Harsool Central Jail,
Aurangabad for MCOCA trial before
Ld. Special Judge, (MCOCA) Aurangabad)
..APPLICANT
-VERSUS-
The State ... Maharashtra Control of Organized Crime Act, 1999
(for short, " MCOCA Act ").
2. The alleged incident happened on 7th October,
2019. The deceased
Central Jail, Jalna and
was shifted to Harsool Central Jail,
Aurangabad for MCOCA trial before
Ld. Special Judge, (MCOCA) Aurangabad)
..APPLICANT
-VERSUS-
The State ... Maharashtra Control of Organized Crime Act, 1999
(for short, " MCOCA Act ").
2. The alleged incident happened on 7th October,
2019. The deceased
mind while according
sanction to prosecute under the provisions of the MCOCA.
(ii) That none of the co-accused in the present case were
prosecuted ... sanctioning authority for according sanction to prosecute under the
provisions of the MCOCA. The information was received on 11/2/2020
i.e. subsequent
wherein the Hon'ble
Apex Court considered almost analogous provisions of
MCOCA Act and held as under:
"77. From the analysis above ... sustain the
invocation of the penal provisions of Section
3(2) MCOCA is simplistic. Although gambling may
not, by itself, constitute an organized crime
Maharashtra Police Act. He also
face charge under the provisions of MCOCA, after the necessary
approval was granted. The applicant came to be arrested ... suspecting that he had played
an active role, the provisions of MCOCA were inovked, and after
completing the necessary formalities of obtaining approval from
Maharashtra Control of
Organized Crime Act, 1999 (hereinafter called "MCOCA"), has held thus:-
"42. The definition of 'continuing unlawful activity ... falls within the definition of 'organized crime', the invocation
of MCOCA would be the resultant position."
The Supreme Court, while examining
