MOHD CHAND MULANI Vs. UNION OF INDIA

JUDGEMENT

(1.) Leave granted.

(2.) The appellant was working as an Assistant Commissioner of Police (Crime-I), Pune, during the year 2002. An FIR relating to an offence of possessing counterfeit stamps punishable under sections 120-B, 255, 258, 259, 260, 263-A, 420, 471, 472, 474 read with section 34 IPC, was registered against certain persons, on 7.6.2002 as C.R. No.135/2002 at Bund Garden Police Station. The initial investigation was conducted by Mr. Prakash Deshmukh, Senior Police Inspector, Bund Garden Police Station, under the guidance of Additional Commissioner of Police, Pune (Shri S.M. Mushrif), Dy. Commissioner of Police (Zone-II) and the Asstt. Commissioner of Police, Crime I (appellant). A charge-sheet was filed on 3.9.2002 followed by a supplementary charge-sheet filed on 25.11.2002.

(3.) The State Government created a Special Investigating Team (SIT for short) for investigation into the said bogus stamp case, headed by Mr. S K Jaiswal, DIG on 2.11.2002. A supplementary charge-sheet was filed on 25.11.2002. On 22.12.2002, Sri S.K. Jaiswal, DIG, granted approval to apply section 3(i)(ii), 3(2), 3(4), 3(5) and 4 of Maharashtra Control of Organised Crime Act, 1999 ('MCOC Act' for short) in regard to C.R. No.135/2002 of Bund Garden Police Station. SIT submitted one more original charge-sheet in C.R. No. 135/2002 before the Special Judge, Pune, under MCOC Act, numbered as Special Case No.2/2003 on 27.3.2003. Supplementary charge- sheets were by SIT filed on 15.9.2003 and 3.2.2004. This Court by order dated 15.3.2004 transferred the investigation of this case along with several other cases to the Central Bureau of Investigation (CBI for short). CBI filed a supplementary charge-sheet on 27.5.2005.