another . In the said case the apex
Court was dealing with MCOCA Act has observed that,
"having regard to the stringent provisions its
provisions ... said provisions. There
can be no doubt that the provisions of MCOCA have
been enacted to deal with the organized criminal
activities in relation
shows that in order to
invoke MCOCA even if a person may or may not have any direct
role to play as regards the commission ... 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
shows that in order to
invoke MCOCA even if a person may or may not have any direct
role to play as regards the commission ... 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
name in
- 27 -
the approval under Section 23(1)(a) of MCOCA
(analogous provision to Section 23(1)(a) of
KCOCA was fatal ... included
in the approval granted under Section 23(1)(a)
MCOCA, while granting sanction, his name had
been included under Section 23(2) after
also subject to the limitations
placed by Section 21(4) of MCOCA. Apart from
the grant of opportunity to the Public
Prosecutor, the other twin ... said
provision is a sine qua non for granting bail
under MCOCA.
14. In R.B. Sharma case
issue as to
whether a person accused of an offence
under MCOCA should be denied bail if on the date of the
offence ... bail for an offence under MCOCA or any
other Act. Section 21(5) of MCOCA reads as under:
"21. (5) Notwithstanding anything contained
observed as follows:-
"29. While dealing with a special statute
like MCOCA, having regard to the provisions ... application. Since the respondent has been
charged with the offence under MCOCA, while dealing
with his application for grant of bail, in addition
issue as to
whether a person accused of an offence
under MCOCA should be denied bail if on the date of the
offence ... bail for an offence under MCOCA or any
other Act. Section 21(5) of MCOCA reads as under:
"21. (5) Notwithstanding anything contained
issue as to
whether a person accused of an offence
under MCOCA should be denied bail if on the date of the
offence ... bail for an offence under MCOCA or any
other Act. Section 21(5) of MCOCA reads as under:
"21. (5) Notwithstanding anything contained
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