MANISH K AGARWAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) A challenge in the present petitions is to the prosecution of the petitioners for the offences punishable under Sections 307 , 395 , 143 , 147 , 349 , 353 , 332 , 109 , 324 , 420 , 427 , 120-B of the Indian Penal Code, 1860, Sections 4 and 5 of the Maharashtra Prevention of Gambling Act, 1887, Section 37 read with 135 of the Police Act 1861, Section 65(e) of the Maharashtra Prohibition Act, 2016, Section 21(2), 21(3) and 23 of the Banning of Unregulated Deposit Schemes Act, 2019 and Sections 3(1)(II), 3(2), 3(4) and 3(5) of Maharashtra Control of Organized Crime Act, 1999 (MCOCA).

(2.) As challenge in all these petitions is common, they are being decided by this common order.

(3.) It is the case of the prosecution that on 8.4.2019 pursuant to secret information, Assistant Supdt. of Police of Karvir Police Station of Kolhapur along with other police personnel raided the Matka (Gambling) Den of Salim Yashin Mulla (accused No.26). It is alleged that while recording of the panchanama of incriminating articles which were found during the raid was going on, the wife of accused No.26 namely Shama Salim Mulla (accused No.1) came there with other co-accused and they assaulted the raiding party.