TaxTMI 
TaxTMI 
2024 (2) TMI 1668
X X X X Extracts X X X X
X X X X Extracts X X X X
....6(B) read with Section 34 of the Indian Penal Code and Section 4 and 25 of the Arms Act and Section 3(1)(ii), 3(2), 3(4) of the Maharashtra Control of Organized Crime Act, 1999 (hereinafter referred to as "MCOC Act" for the sake of brevity). 2. The accusation against the present applicant is on the allegations that the applicant is the Member of Organized Crime Syndicate and in perusals of the common object of said syndicate, committed the offence of dacoity and therefore, the provisions of the MCOC Act are made applicable. 3. As per the allegations in the First Information Report (FIR) lodged by Suresh Sadashiv Potdukhe that in the intervening night of 03.04.2023 to 04.04.2023, he was sleeping in his bedroom, at the relevant time, th....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... concerned, there is no direct evidence to connect the present applicant with the alleged offence to show that he is a part of the said conspiracy. He submitted that only two circumstances on which the prosecution relied upon, one is the recovery of Rs.2,00,000/- from the present applicant and telephonic communication between the present applicant and the other co-accused on the basis of the CDR. Except these circumstances, there is absolutely no material against the present applicant to connect him with the alleged offence. Now the investigation is completed, charge-sheet is filed and further incarceration of the present applicant is not required. He submitted that the present applicant is residing along with other family members who are s....
X X X X Extracts X X X X
X X X X Extracts X X X X
....e. Thus, considering the prima facie material against the present applicant, the application for grant of bail deserves to be rejected. Learned APP further submitted that to invoke the provisions of MCOC Act, it is not necessary that offence shall be registered against the present applicant even his association with the other co-accused who are the members of the Organized Crime Syndicate is sufficient to attract the provisions of MCOC Act and prays for rejection of the application. 6. After hearing both sides and perusal of the investigation papers, it reveals that the involvement of the present applicant is revealed from the statement of the co-accused. The co-accused by giving the memorandum statement disclosed that present applica....
X X X X Extracts X X X X
X X X X Extracts X X X X
....the number of calls received by the present applicant. 7. To apply the provisions of the MCOC Act, it is necessary to consider the expression 'continuing unlawful activity. In view of Section 2(1)(d) of the MCOC Act, activities prohibited by law for the time being in force punishable as described therein have been undertaken either singly or jointly as a member of organized crime syndicate and in respect of which more than one charge-sheets have been filed. The stress is on the unlawful activities committed by the organized crime syndicate. Section 2(1)(f) of the MCOC Act defines 'Organized Crime Syndicate' means a group of two or more persons who, acting singly or collectively, as a syndicate or a gang indulged in activities of or....
X X X X Extracts X X X X
X X X X Extracts X X X X
....set down a period of ten years within which more than one charge-sheets have to be filed. The members of the crime syndicate operate either singly or jointly in commission of organized crime. They operate in a different modules. A person may be a part of the module which jointly undertakes an organized crime or he may singly as a member of the organized crime syndicate or on behalf of such syndicate undertake an organized crime. In both the situations, the MCOC Act can be applied. It is the membership of organized crime syndicate which makes a person liable under the MCOC Act. 11. After scrutinizing the material on record on the rigor envisaged under Section 21(4) of the MCOC Act. It is well settled principal that the stringent provision....