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
Rakesh
Ramlakhan Singh in Maharashtra Control of Organised
Crime Act, 1999 ("MCOCA", for short) Special Case no. 29 of
2019 arising ... under sections 3(1)(ii) , 3(2) , 3(4) of the MCOCA.
3. The offence in respect of which the C.R. was registered
State vs Ravi Kapoor Ors (Mcoca) on 18 October, 2023
IN THE COURT OF SH. RAVINDRA KUMAR PANDEY,
ADDITIONAL SESSIONS JUDGE-3, SOUTH DISTRICT,
SAKET
invoke the provisions of MCOCA is bad in
law as there is no evidence on record.
Therefore, even the High Court ... interim relief stage on
the sanction to prosecute/invoke the
provisions of MCOCA was not warranted.
Virtually the High Court has acquitted the
accused
shows that in order to invoke
23
MCOCA even if a person may or may
not have any direct role to play as
regards ... established that
would attract the invocation of Section
3(2) of the MCOCA. Therefore, even if
one may not have any direct role to
play
which is not
the sine qua non for attracting the provisions
of MCOCA. A person in a given situation may
not do that which ... basis of broad
probabilities. However, while dealing with a
special statute like MCOCA having regard to
the provisions contained in sub-section (4) of
Section
Maharashtra Control of
Organised Crime Act, 1999 (hereafter 'MCOCA', for short)
registered on 22/07/2021 vide ... advocate then relied upon
the definition of Section 2(e) of the MCOCA to submit that
the activities of the accused fall within the meaning
Maharashtra Control of
Organised Crime Act, 1999 (for short "MCOCA"), Sections 3 ,
25 of the Arms Act, Sections ... read with
Section 21(2)(b) of the MCOCA. The incident is dated
13/11/2022, in respect of which the First Information
Report
