occasion to deal with similar special
provisions in TADA and Mcoca. The
principle underlying those decisions may
have some bearing while considering the
prayer ... 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
earlier, for punishment for
offence of organised crime under Section 3 of
MCOCA, the accused is required to be involved in
continuing unlawful activity which ... ingredients
15
to bring the act within Section 3 of MCOCA have not
been satisfied. We are conscious of the fact that
there
that the learned Special
Judge cannot take cognizance of any offence
under MCOCA unless sanction has been
36
previously given by the police officer mentioned ... private complaint is also contemplated under
Section 9(1) of MCOCA, for it to be entertained it
has also to be subject to the rigours
While dealing with a similar provision
prescribing twin conditions in MCOCA, this Court in
Ranjitsing Brahmajeetsing Sharma held as under :
(SCC pp. 318-19, paras ... Such cannot be
the intention of the legislature. Section
21(4) of MCOCA, therefore, must be
construed reasonably. It must be so
construed that
held
as follows:
"47. As discussed above the object of the MCOCA is to
prevent the organised crime and, therefore, there could
be reason ... bail after
being arrested for violation of law unconnected with
MCOCA, should not be denied his right to seek bail if he is
arrested under
under Sections 3 , 4 , 5 and 27 of MCOCA
Act in Crime No.244/2018 pending before the Principal
District and Sessions Judge at Pandhrapur ... 2020. It is relevant to note that Section 10 of the
MCOCA Act, provides that there shall be precedence for
the trial before the Special
occasion to deal with similar special provisions in
TADA and MCOCA. The principle underlying
those decisions may have some bearing while
considering the prayer ... 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
against once sanction is obtained
against them under Section 23(2) of MCOCA."
He contends that, during the raid of house
of accused ... Section 21 is sine qua non for
granting bail under MCOCA."
11. He further contends that, the order
passed by the Special Court
Sanjay S/O Kishan Mohite@ Rajan vs State Of Karnataka on 15 March, 2024
Author
occasion to deal with
similar special provisions in TADA and MCOCA. The
principle underlying those decisions may have some
bearing while considering the prayer ... 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
