following
reliefs :
"(a) Strike down Section 23(1)(a) of the MCOCA
patilsr 1/ 21
::: Uploaded on - 22/10/2019 ::: Downloaded ... words 'prior
approval' occurring in Section 23(1)(a) of MCOCA so
as to ensure that the same is not rendered an
empty
agreement with the submission
that having regard to the stringent provisions of MCOCA, its
provisions will have to be very strictly interpreted and the
authorities ... said provisions. There can be no
doubt that the provisions of the MCOCA have been enacted
to deal with organized criminal activity in relation
unlawful activity within the
meaning of Section 2(c) of the MCOCA. So far as other offences registered
against the applicant are concerned, prima-facie ... past has prima-facie no nexus to present offence, wherein the MCOCA
has been invoked. In the case of State of Maharashtra v. Bharat Shantilal
stage of the
investigation. The scheme under Section 23 of MCOCA is
similar and Section 23(1)(a) provides a safeguard that no
investigation into ... offence under MCOCA should be
commenced without the approval of the authorities
concerned. Once such approval is obtained, an investigation
is commenced. Those
following
reliefs :
"(a) Strike down Section 23(1)(a) of the MCOCA
patilsr 1/ 21
::: Uploaded on - 22/10/2019 ::: Downloaded ... words 'prior
approval' occurring in Section 23(1)(a) of MCOCA so
as to ensure that the same is not rendered an
empty
Maharashtra
Control of Organised Crime Act, 1999 ('the MCOCA), have
preferred these applications to enlarge them on bail.
2/26
::: Uploaded ... authority under Section 23 (1) (a) of the MCOCA, 1999, the
offences punishable under Sections 3 (1)(ii) , 3(2) , 3(4) of the
MCOCA
Maharashtra
Control of Organised Crime Act, 1999 ('the MCOCA), have
preferred these applications to enlarge them on bail.
2/26
::: Uploaded ... authority under Section 23 (1) (a) of the MCOCA, 1999, the
offences punishable under Sections 3 (1)(ii) , 3(2) , 3(4) of the
MCOCA
Maharashtra
Control of Organised Crime Act, 1999 ('the MCOCA), have
preferred these applications to enlarge them on bail.
2/26
::: Uploaded ... authority under Section 23 (1) (a) of the MCOCA, 1999, the
offences punishable under Sections 3 (1)(ii) , 3(2) , 3(4) of the
MCOCA
Maharashtra
Control of Organized Crime Act, 1999 (MCOCA).
3. The indictment against the applicant and the co-accused is
that the applicant is the leader ... came to be arrested on 20th May, 2021. The
provisions contained in MCOCA were invoked. The competent
authority granted sanction under section
special provisions in TADA and MCOCA. The principle
underlying those decisions may have some bearing
while considering the prayer for bail in relation to
offences ... well. Notably, under the
special enactments such as TADA, MCOCA and the
Narcotic Drugs and Psychotropic Substances Act,
1985, the Court is required to record
