that
the procedure followed by the ED in registering the Enforcement
Case Information Report10 is opaque, arbitrary and violative of the
constitutional rights ... right of
an accused to get a copy of the First Information Report10A at an early
stage and also the right to know the allegations
fake
stamp papers worth Rs. 2.98 lacs were seized whereupon a first information
report bearing C.R. No. 135 of 2002 came to be registered ... information received by the Appellant and on his
direction to intercept the car and on his telephonic instruction thereabout, a
first information report dated
Khanwilkar
Bench: D.Y. Chandrachud , A.M. Khanwilkar , Dipak Misra
1
REPORTABLE
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NOS.1878 ... ECIR read thus:
“A. It is reported that during the course of investigation of
Case FIR
respondent is named as Accused No.10 in the First
Information Report dated 30th May, 2017, registered by the
Officerincharge of Police Station ... reference to the accusation against the concerned accused in
the first information report, must prevail until contradicted
and overcome or disproved by other evidence
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
Author: Mukundakam Sharma
Bench: Mukundakam Sharma , R.V. Raveendran , K.G. Balakrishnan
REPORTABLE
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL ... Maharashtra Control of Organised Crime
Act, 1999 (for short the `MCOCA' or the `Act') on the ground that the
State Legislature
continuing unlawful activity', there could not be more
than one First Information Report in respect of the same set
of offences, as has been ... grant of two
approvals it was submitted that after the First FIR had been
lodged and approval obtained in respect thereof, a further
without even waiting for the report of Public Analyst. Since the alleged offence as disclosed in the FIR are covered under the provisions ... police report, as a specific bar has been created by the Parliament. In that view of the matter, the police report being not a complaint
police report, a report in the form prescribed by the State
Government, stating -
the names of the parties;
the nature of the information;
the names ... apply in relation to such
report or reports as they apply in relation to a report forwarded under sub-
section (2).
190. Cognizance of offences
Mumbai and
informed them about the incident. His statement was
recorded by the police. It was treated as First Information
Report.
During the investigation other ... 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
