under the IPC and the Arms Act. For the offences
punishable under MCOCA separate and independent charge
sheets were filed against the accused persons ... under Section 4
read with Section 25 of the Arms Act in MCOCA Crimes No.1
and 2 of 2002 all that remained incriminating
under the IPC and the Arms Act. For the offences
punishable under MCOCA separate and independent charge
sheets were filed against the accused persons ... under Section 4
read with Section 25 of the Arms Act in MCOCA Crimes No.1
and 2 of 2002 all that remained incriminating
under
Section 4 read with Section 25 of the
Arms Act in MCOCA Crimes Nos. 1 and 2 of
2002, all that remained incriminating ... court over a
period of ten years prior to the
enforcement of MCOCA. The filing of
charge-sheets or taking of the cognizance
Page
under
Section 4 read with Section 25 of the
Arms Act in MCOCA Crimes Nos. 1 and 2 of
2002, all that remained incriminating ... court over a
period of ten years prior to the
enforcement of MCOCA. The filing of
charge-sheets or taking of the cognizance
under
Section 4 read with Section 25 of the
Arms Act in MCOCA Crimes Nos. 1 and 2 of
2002, all that remained incriminating ... court over a
period of ten years prior to the
enforcement of MCOCA. The filing of
charge-sheets or taking of the cognizance
held that the provisions of
Maharashtra Control of Organised Crime Act (MCOCA)
would have an overriding effect over the provisions
of Code of Criminal Procedure ... hold that in view of the
provisos of section 25 of MCOCA, the provisions of
the said Act would have an overriding effect over
than one charge-sheet against
individual to invoke the provisions of the MCOCA. The
GUJCTOC Act is also having pari materia of the said
MCOCA ... years
and does not, therefore, fall within the scope of
MCOCA (which requires the commission of a
crime punishable with imprisonment of 3 years
membership of organised crime syndicate which makes a
person liable under McocA. This is evident from Section
3(4) MCCA which states that any person ... minimum of fine of
Rs 5 lakhs. The charge under MCOCA ropes in a person
who as a member of the organised crime syndicate commits
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
membership of organized crime syndicate
which makes a person liable under the MCOCA. This
is evident from section 3(4) of the MCOCA which states ... minimum of fine of
Rs. 5 lakhs. The charge under the MCOCA ropes in a
person who as a member of the organized crime
syndicate
