Maharashtra Control of
Organised Crime Act, 1999 (for short 'MCOCA') is involved in this appeal
which arises out of a judgment and order ... however a proposal was mooted to invoke Section 3 of the MCOCA and
upon obtaining the opinion of Senior Public Prosecutor therefor, the same
Maharashtra Control of Organised Crime Act, 1999 (hereinafter referred to
as “the MCOCA”) were applied to the case. Thereupon, the accused-
respondents were charged under ... Sections 3(1)(i) , 3(2) and 3(4) of the
MCOCA. On 30.11.2006 the charge-sheet in CR no.5 of 2006 came
Maharashtra Control of Organised Crime Act, 1999 ("MCOCA"
hereinafter) which refers to `insurgency'.
5. Before we proceed to discuss and deal with ... present appeal. The
constitutional validity of the said provision of the MCOCA had
earlier been under the scrutiny of this Court in the case
Maharashtra Control of
Organized Crime Act, 1999 (hereinafter referred to as
"MCOCA")
Accused Chetan Mehta also filed a writ petition, being ... Essential
Commodities (Special Provisions) Act, 1981 , the provisions of
MCOCA would have no application to the cases against the
petitioners. The State of Maharashtra
Maharashtra Control of Organised Crime
Act, 1999 (for short the `MCOCA' or the `Act') on the ground that the
State Legislature ... Respondent Nos. 2 and 3 were arrested under the provisions of the
MCOCA and cases were registered against them. Being aggrieved by
the aforesaid arrest
Maharashtra Control of Organized Crime Act, 1999
(hereinafter called "MCOCA"), all these appeals are disposed of by this
common judgment.
Criminal Appeal ... Terrorist Squad, Mumbai (hereinafter referred to
as "ATS") under the MCOCA do not survive and were discharged from the case.
The Special Court
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
Leave granted.
1. The Respondents were discharged by the Special Judge
MCOCA, New Delhi District, Patiala House, New Delhi ... hereinafter referred to as
Signature Not Verified
Digitally signed by
SANJAY KUMAR
‘MCOCA’). The Appellant- State of NCT of Delhi filed an
Date
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
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
