VINOD G ASRANI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Four writ petitions, in which the petitioners had challenged their prosecution under the Maharashtra Control of Organized Crime Act, 1999 (hereinafter referred to as the MCOCA) and seeking quashing of the First Information Report and the grant of approval under Section 23 (1) (a) and sanction under Section 23 (2) of MCOCA, were disposed of by a common order passed by the Bombay High Court on 10th November, 2006. The writ petitioners had contended that no case had been made out against them regarding their complicity in the organized criminal activity or organized crimes alleged to have been committed by the organized crime syndicate known as Chhota Rajan gang under the leadership of Rajan Sadashiv Nikalje alias Chhota Rajan alias Nana alias Sheth. All the said writ petitions were dismissed by the said order but only Vinod G. Asrani is before us in this special leave petition. While the other writ petitioners as part of the organized crime syndicate led by Chhota Rajan are alleged to have indulged in extortion of large sums of money from developers who undertake redevelopment work of old buildings in Tilak Nagar and other areas of Bombay, by extending threats of violence including murder, the petitioner herein is alleged to have been found working for the organized crime syndicate and had facilitated the appropriation of funds extorted from builders in Tilak Nagar area, Chembur, Mumbai, at the behest of Pradip Madgaonkar @ Bandya Mama, which have been siphoned of in the accounts of the family members of Chhota Rajan and M/s. Khusi Developers Private Limited and others. It was further alleged that the petitioner had acted as an intermediary and had played an active role in the conspiracy and had also invested and/or diverted huge amounts which had been collected by way of extortion. The further allegation against the petitioner is that he had helped one of the other writ petitioners, namely, Sujata Rajendra Nikalje @ Nani to launder large amounts of money and acted as a money changer by manipulating accounts so that the fruits of the organized crime could be enjoyed by members of the organized crime syndicate and their leader Chhota Rajan and his family members.

(2.) While disposing of the writ applications, the High Court made it clear at the very outset that it was not going into the question as to whether the material collected by the investigating agency against the petitioners was sufficient to prosecute them under the provisions of the MCOCA and that the writ petitioners, who were the accused in the case, would have sufficient opportunity to contest the same before the Special Court. The High Court confined itself only to the question as to whether the prosecution had complied with the provisions of Section 23 (1) and (2) of MCOCA. Although, it was brought to the notice of the High Court that the name of the petitioner herein was not included in the approval granted under Section 23 (1) (a) of MCOCA and that his name was subsequently included in the sanction granted by the Commissioner of Police under Section 23 (2) of MCOCA, the High Court did not accept the petitioners contention that as no prior approval had been granted as far as the petitioner was concerned, the Investigating Officer could not have proposed to charge sheet the petitioner. The High Court also rejected the petitioners contention that the sanction granted by the Commissioner of Police on the basis of the said proposal was illegal and not in accordance with the procedure established by law. The High Court accordingly dismissed the writ application filed by the petitioner herein along with the writ applications filed by the others.

(3.) Appearing for the petitioner, Mr. Sushil Kumar, learned senior counsel, reiterated the submissions made before the High Court. He emphasized the fact no approval had been obtained to commence the investigation against the petitioner under Section 23 (1) (a) of MCOCA and consequently the Investigating Officer did not have the authority to commence investigation under MCOCA into the offences alleged to have been committed by the petitioner. He urged that if the very initiation of the investigation stood vitiated by the failure to obtain approval under Section 23 (1) (a), the subsequent sanction granted under Section 23 (2) also stood vitiated and the proceedings before the Special Court on the basis thereof were liable to be quashed.