necessary
to have a closer look at certain provisions of the MCOCA
and its preamble. The preamble states that it is an Act to
make ... syndicate or gang, and for matters connected therewith
and incidental thereto. The MCOCA, states the preamble,
makes special provisions for prevention and control
Maharashtra Control of Organised Crime Act, 1999
("MCOCA" for short) has to be read ejusdem generis
with the words "for pecuniary benefits ... market and enrichment of participation.
It is submitted that the object of MCOCA is to deal
with not a routine crime but a crime which
Judge under Maharashtra Control of Organised Crimes Act (hereinafter for short "MCOCA") dated 2nd May 2003, in Misc. Application ... custody till 13th March 2003.
3. On 13th March 2003 provisions of MCOCA were applied to the case of the applicants
thus :
"8. Under section 2(d) of MCOCA, "continuing unlawful activity"
means an activity prohibited by law for the time being ... such syndicate, is sine qua non for
invoking stringent provisions of MCOCA. This follows that mere
filing of more than one chargesheets within the preceding
necessary to
have a closer look at certain provisions of the MCOCA and
its preamble. The preamble states that it is an Act to make ... syndicate or gang, and for matters connected therewith
and incidental thereto. The MCOCA, states the preamble,
makes special provisions for prevention and control
accused charged under the Maharashtra Control of
Organized Crime Act, 1999 (MCOCA). It would be useful to reproduce
the following observations in para ... said Judgment:
"10. Since the provisions of MCOCA have been invoked in
the present case, in addition to the basic considerations,
namely, the nature
Maharashtra Control of
Organised Crime Act, 1999 (for short, "MCOCA") is directed against the
order dated 21.08.2008 passed by the Special Judge, Special ... learned Special Judge
discharged the respondent- accused for the offence under MCOCA.
2 Special Case No. 2/2007 is arising out of Crime
Maharashtra Control of Organised Crime Act, 1999 (hereinafter referred to as 'MCOCA') at Greater Mumbai. These Appeals are filed by accused ... correctness of the Judgment and Order passed by the Special Judge under MCOCA, Greater Mumbai dated July 22, 2002 in M.C.O.C. Special
such
there is no organized crime and provisions of MCOCA therefore
cannot be invoked against accused No.1.
6. He has pointed out that evidence ... only in the shape of
confessions recorded allegedly under section 18 of MCOCA. He
pointed out that confession of accused No.10 Shrikrishna is
recorded
MCOCA & Section 120B, 143, 147, 149, 166, 182, 191, 192, 193, 195, 196, 218 & 323 read with