TaxTMI 
TaxTMI 
2021 (7) TMI 1492
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....Maharashtra Control of Organised Crime Act, 1999 (for short 'MCOC Act'). The applicant was arrested on 07/01/2018 and since then he is in custody. The investigation is over and the charge-sheet is already filed. In this case, provisions of MCOC Act were invoked on 25/01/2018. 2. Heard Shri. Subhash Jha, learned counsel for the applicant and Shri. Amit Palkar, learned APP for the State. 3. The prosecution case started with the First Information Report (for short 'F.I.R.') lodged by Police Inspector Sunil Dogre on 15/12/2017. He has stated that, on that day he was attached to Anti Narcotic Squad, Crime Branch, Pune city, as Police Inspector. At about 2:00p.m. they had gone on patrolling duty. When they had reached at Ekbote colony, at a....
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....ing about 1 Kg. of heroin. Again samples were drawn and the contraband was seized. The investigation was carried out further. The Chemical Analyzer's report confirmed presence of Heroin in the samples. 4. On 07/01/2018, police received a secret informant that the accused Aarti was to come in a Swift car at Nagar road, Wagholi. The police went there. They intercepted a black coloured Swift car. The applicant was found driving the vehicle. Aarti, Pooja and Nilofer were travelling in the same car. All of them were arrested. During further investigation, pursuant to the statement given by Aarti, some more Heroin was seized which was again more than 1Kg. Pursuant to the statement given by Pooja Misal also Heroin was recovered. Pursuant to the....
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....arious contraband articles, as mentioned earlier. The charge-sheet also contains panchanama which shows how the applicant and other accused were intercepted when they were travelling in a Swift car. The important circumstances against the present applicant are confessional statements of two main accused recorded under section 18 of the MCOC Act. Those confessional statements are given by aforementioned accused Gopinath Misal and Hussain Papa Shaikh. 8. Gopinath's confessional statement mentions that, he was cousin of other two accused Aarti and Pooja. They were in the business of selling Brown sugar, Ganja and Charas in Lohiyanagar area. Aarti had relationships with different persons in the past 7 to 8 years. They were Farukh Shaikh, Vis....
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....in and others and used to give them for sale to her sister Pooja, friend Nilofer, Azhar and the present applicant. Thus, these two accused whose confessional statements are admissible under the MCOC Act have categorically described the involvement of the present applicant in this offence. The link in the raid conducted on that particular date i.e. on 15/12/2017 is clearly established through these confessional statements. 10. Apart from that, the charge-sheet also contains statements of some witnesses whose names are not divulged claiming privilege under the provisions of MCOC Act. One witness is described as 'G'. His statement is recorded on 02/04/2018, which is at page No.466 of this application. He has stated that the accused Aarti ha....
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.... that, this applicant had given him four small packets of Heroin. The applicant had taken them from Aarti who was present there and the applicant had taken money. The witness described as 'F' at page No.411 of this application has stated that, Aarti and the applicant used to collect money in connection with sale of Heroin, Ganja and Charas. The proposal to apply MCOC provisons show that the accused Aarti had two previous offences registered against her under the NDPS Act at Khadak police station vide C.R. No. 3034 of 2015 and at Pimpri police station vide C.R. No. 700 of 2016. The approval under section 23(1)(a) of the MCOC Act mentions that, Aarti was the gang leader. The aforementioned statements show that the applicant was a clo....