TaxTMI 
TaxTMI 
TaxTMI 
2006 (5) TMI 546
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....f Organized Crime Act, 1999 (hereinafter referred to as 'the MCOCA' ) The crime was originally registered on 7.6.2002 against three accused. But, as the investigation progressed, several others were brought in as accused and ultimately as on the day of making the application before the Special Court, 65 persons have been arraigned as accused and shown as arrested. The appellant is accused No. 62. The appellant was arrested on 8.12.2003. 3. It may be stated that originally the case was being investigated by the Bombay Police. But considering the persons involved and the alleged connivance of some of the officials of the Bombay Police, this Court directed the handing over of the investigation to the Central Bureau of Investigation (h....
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....vement and also took the stand that he was not the person who had to take action and that he had not failed to do anything which was enjoined on him by law. He also contended that in any event, he cannot be found guilty of any organized crime and no ingredient of the offence under Section 3(2) of MCOCA was prima facie made out as against him. He pointed out that he had been roped in by virtue of Section 120B of the Indian Penal Code (for short, 'IPC') and therefore he was entitled to be enlarged on bail. The prayer of the appellant was opposed by submitting that the materials clearly showed the involvement of the appellant in an organized crime and considering the magnitude of the crime and the impact it had on society and it is lik....
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....ted. He pointed out that a charge has been proposed by the CBI under Section 3 of the Act and if such a charge is framed, the appellant could not be enlarged on bail without reference to Section 21(4) of the MCOCA. He submitted that the High Court was therefore right in refusing to grant bail to the appellant. 9. It is not for this Court at this stage to go into a detailed discussion of the scope of MCOCA or discuss in detail the materials against the appellant and the arguments for and against on merits. But we have necessarily to keep in mind the magnitude of the alleged crime and the consequences that have flowed from such a crime. As far as the appellant is concerned, at this stage we have only to consider whether he has made out a cas....