STATE Vs. BRIJESH SINGH AND ORS.

JUDGEMENT

(1.) THIS is an appeal under Section 12 of The Maharashtra Control of Organised Crime Act, 1999 (hereinafter referred to as MCOCA) directed against the judgment and order dated 05.02.2014 passed by the Court of learned ASJ -01 (Special Judge MCOCA), New Delhi District, Patiala House Courts, New Delhi in SC No. 139/13 pertaining to FIR No. 10/13 under Sections 3 and 4 of MCOCA registered at P.S. Special Cell, New Delhi whereby the learned Special Judge discharged the respondents/accused persons from the said charges.

(2.) SUCCINCTLY stating the facts as emerged from the petition are that in the year 2007 FIR No. 69/2007 was registered against respondent No. 1 and his associates at Police Station Special Cell, New Delhi under Sections 384/387/419/420/467/468/471/474/174A/506/120B/34 of the Indian Penal Code (hereinafter referred to as 'IPC'). In the said case, the activities of respondent No. 1 and his associates were observed and analysed and it was revealed that the offences which were a subject matter of FIR No. 69/2007 were the outcome of organized crime activities of respondent No. 1 and his syndicates. It was further revealed that while committing these offences, violence and intimidation were extended in order to gain pecuniary benefits by the members of the organized syndicate. It was further established that illegal acts were done by the syndicate headed by respondent No. 1 in pursuance of continuous unlawful activities of the syndicate.

(3.) DURING the ensuing investigation pertaining to FIR No. 10/13 under Section 3 and 4 of MCOCA, it was revealed that the syndicate was involved in commission of large number of crimes and offences in an organized manner in large number of cases. These cases relate to offences which are cognizable in nature punishable with imprisonment of three years or more and the courts of competent jurisdiction have taken the cognizance in these cases in more than one charge -sheet in the last preceding 10 years. The list of all such cases are as under: -