ZAKIR ABDUL MIRAJKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The prosecution alleges that the appellants are members of an organized crime syndicate which has engaged in a systematic course of activities for cheating members of the public by conducting the 'Mumbai Matka'. To explain 'matkas' in simple terms, those who wish to gamble place bets on numbers / playing cards. At the end of the cycle, the results are to be declared based on a random draw of numbers / playing cards and those who correctly guess the winning digits / playing cards win while the others lose. Instead of declaring the winning digits on the basis of a random draw, the organizers of the Mumbai Matka are alleged to identify the number on which the least bets are placed and declare that to be the winning digit. This is allegedly done in order to ensure that the pay-out is minimal and the profit is as large as possible.

(2.) Salim Mulla is alleged to be a bookie who accepts bets for the Mumbai Matka. It is the prosecution's case that he would transfer the money he received through the Mumbai Matka to Rakesh Agarwal and Manish Agarwal if he anticipated that he would be unable to repay in the event that the number on which he accepted the highest number of bets was declared the winning number. Rakesh Agarwal and Manish Agarwal would allegedly accept the risk and discharge the obligation to pay the gamblers if that particular number was indeed declared the winning number. Further, they would in turn allegedly transfer the money they received from Salim Mulla to Samrat Korane, the appellant in SLP (Criminal) No. 3722 of 2020, and Zakir Mirajkar, the appellant in SLP (Criminal) No. 3213 of 2020. The latter two, along with Sharad Korane, the appellant in SLP (Criminal) No. 3629 of 2020 would assume the risk and transfer the money once again to Viral Savla, the appellant in SLP (Criminal) No. 3915 of 2020 and Jayesh Savla, the appellant in SLP (Criminal) No. 4170 of 2020, amongst others. It is alleged that in this fashion, the petitioners and various others are members of an organized crime syndicate, of which the lynchpin is Salim Mulla. The main organizers of the Mumbai Matka are alleged to be Prakash Savla, the appellant in SLP (Criminal) No. 3943 of 2020, his son Viral Savla and his brother Jayesh Savla. Finally, Rajendra Dave, the appellant in SLP (Criminal) No. 6034 of 2022 is alleged to assist Salim Mulla and the Savla family by distributing protection money to various gangsters and purchasing property from the proceeds of the illegal gambling business. According to the prosecution, the proceeds from the matka business are used to finance criminal gangs and underworld dons.

(3.) On 8/4/2019, the Assistant SP, Kolhapur and a team of police personnel raided what is alleged to be a gambling den (colloquially known as a 'matka' den) controlled by Salim Mulla. It is the prosecution's case that Salim Mulla's wife, Shama Mulla, along with some others, assaulted the police team when they were recording the panchnama at the gambling den.