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
Hereinafter also referred to as the ‘sanctioning authority’.
2 For short, ‘MCOCA’.
1
under the Indian Penal Code , 18603, the Arms Act, 19594 as also ... MCOCA.
3. The genesis of the present appeal is in the complaint filed on
08.05.2020 at Police Station Sadar, Nagpur City. Therein, the
complainant alleged
Superintendent of Police”………………………………………………. 22
iii. Conditions for invocation of the MCOCA……………………. 65
2
PART A
A. Facts
1. The prosecution alleges that the appellants ... consequently submitted a proposal seeking to invoke offences
punishable under the MCOCA, to the competent authority under Section
23(1)(a). The competent authority approved
Section
3 and 4 of the Maharashtra Control of Organised Crime Act (MCOCA)
registered at PS Hari Nagar.
1.1 The petitioner is stated ... deposited every year which is not sufficient to
invoke stringent provisions of MCOCA Act and there is no unaccountable
wealth in the name
unlawful activity within the
meaning of Section 2(c) of the MCOCA. So far as other offences registered
against the applicant are concerned, prima-facie ... past has prima-facie no nexus to present offence, wherein the MCOCA
has been invoked. In the case of State of Maharashtra v. Bharat Shantilal
under Section, 3(1)(i) ,
3(2) , 3(4) , 3(5) of MCOCA Act and under Section 7 of Criminal Law
Amendment Act came ... that is
posed for determination before this Court is whether for invoking MCOCA
pendency of more than one charge-sheet against an individual or against
under Section, 3(1)(i) ,
3(2) , 3(4) , 3(5) of MCOCA Act and under Section 7 of Criminal Law
Amendment Act came ... that is
posed for determination before this Court is whether for invoking MCOCA
pendency of more than one charge-sheet against an individual or against
under Section, 3(1)(i) ,
3(2) , 3(4) , 3(5) of MCOCA Act and under Section 7 of Criminal Law
Amendment Act came ... that is
posed for determination before this Court is whether for invoking MCOCA
pendency of more than one charge-sheet against an individual or against
Warris Mohd. have been recorded under Section 18 of the
MCOCA Act. The confessional statement of Faees states about
the involvement of present applicant ... which has a direct nexus with the
commission of a crime which MCOCA seeks to prevent or
control. In other words, an offence falling within
Section
3(1)(i) , 3(2) and 3(4) of MCOCA, seek his release on bail. He came
to be arrested on 30/10/2020 ... hence, prior
approval was accorded to prosecute him under the provisions of
MCOCA and subsequent thereto, a charge-sheet came to be filed
before
