SHRIDHAR SUMANT VAGAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Leave granted.

(2.) An FIR relating to counterfeit stamps and stamp papers (known as Telgi case) was registered as C.R. No.135 of 2002 at Bund Garden Police Station, Pune. A charge-sheet was filed on 3.9.2002 followed by a supplementary chargesheet dated 25.11.2002. On 22.12.2002, approval was granted for applying Sections 3(2), 3(5) and 24 of the Maharashtra Control of Organised Crime Act, 1999 ('MCOC Act' for short) in regard to the said case. The Special Investigation Team ('SIT' for short) created by the State Government to investigate into the said counterfeit stamps case, filed a charge-sheet under the MCOC Act, numbered as Special Case No.2 on 27.3.2003. Supplementary chargesheets were filed on 15.9.2003 and 3.2.2004. The investigation of the case with several connected cases, was transferred to the CBI by order of this Court dated 15.3.2004.

(3.) The appellant was working as a Joint Commissioner of Police, (Crime), Mumbai, from 21.3.2002 to 17.3.2003. The investigation disclosed involvement of the appellant in the counterfeit stamp case, he was arrested on 7.11.2003. He was arrayed as accused No.59 in the supplementary chargesheet filed on 3.2.2004 and was charged with offences under Sections 120B, 216, 218, 221 IPC read with Sections 3(2), 3(5) and 24 of MCOC Act, and Sections 7 and 13(1)(d) of the Prevention of Corruption Act, 1988. Ever since then he has been in custody, initially in Police custody for some time and later in judicial custody, except for a short period when he was on medical bail.