RANJITSING BRAHMAJEETSING SHARMA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) LEAVE granted.

(2.) INTERPRETATION and application of the Maharashtra Control of Organised Crime Act, 1999 (for short 'MCOCA') is involved in this appeal which arises out of a judgment and order dated 16th July, 2004 passed by a learned Single Judge of the Bombay High Court in Criminal Application No. 572/2004 refusing bail to the appellant herein.

(3.) DURING the appellant's tenure as Commissioner of Police, Pune, 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 at Bund Garden Police Station, Pune under Sections 120B, 255,249,260,263(a) and (b), 478, 472 and 474 read with Section 34 of the IPC. The said offence was being investigated by one Mr. Deshmukh but having regard to the magnitude thereof, three teams lead by one Mr. S.M. Mushrif, Addl. Commissioner of Police (Crime) were formed. The said Mr. Mushrif is said to be a brother of a Minister of the Government of Maharashtra. On or about 16.07.2002, however a proposal was mooted to invoke Section 3 of the MCOCA and upon obtaining the opinion of Senior Public Prosecutor therefor, the same was invoked.