SANDEEP Vs. STATE

JUDGEMENT

(1.) This revision petition is directed against the impugned order dated 27.07.2013 wherein petitioner Sandeep has been charged under Sec. 3 (2) and Sec. 3 (4) of the Maharashtra Control of Organized Crime Act, 1999 (hereinafter referred to as the 'MCOCA').

(2.) Record shows that the present petitioner, along with 15 other persons, has been charge-sheeted under Sec. 3 of the MCOCA. The version of the prosecution is that Amit @ Babloo is a contract killer and takes "supari" (contracts) for killing people. He has an inter-state gang for the said purpose. Amit @ Babloo was arrested in FIR No.62/2006 dated 22.02.2006 registered under Sec. 302/34 of the Penal Code at PS Bawana along with his associates including the present petitioner. During the course of investigation of that FIR, it was revealed that the present petitioner, nephew of deceased Jai Prakash, had inimical terms with his uncle due to a dispute over a parcel of land in Bawana. Further investigation revealed that a conspiracy for the murder of Jai Prakash (uncle of the petitioner) had been hatched for which purpose a sum of Rs. 2 lacs in advance had been paid to Amit @ Babloo and the value of the contract to kill was set at Rs. 10 lacs.

(3.) The evidence collected against the petitioner was that he had engaged the services of Amit @ Babloo and his associates for killing his uncle Jai Prakash with whom he had a dispute and for this purpose, he had paid an advance sum of Rs. 2 lacs. On 19.03.2005, the present petitioner was arrested in connection with FIR No.261/2010 dated 20.03.2006 under Sections 25/54/59 of the Arms Act for illegal possession of an arm registered at PS Nangloi.