SAGAR BALASAHEB GAIKWAD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this Writ Petition, the Petitioner has sought quashing of provisions of the Maharashtra Control of Organized Crime Act, 1999 (MCOCA) being applied to C.R. No. 189 of 2018, wherein the Petitioner has been arraigned as accused along with other persons for offences under the Indian Penal Code as well as Bombay Prohibition Act. The Petitioner claims that the sanction order issued under the MCOCA deserves to be quashed qua the Petitioner.

(2.) The aforesaid crime was registered as per FIR registered at the Saswad Police Station, District Pune against unknown persons for offences under Sections 395, 341, 412 and 120-B of the Indian Penal Code as also provisions of the Bombay Prohibition Act. Upon investigation, it was found that four persons including the Petitioner were involved in the said crime. A proposal was moved for seeking sanction for applying the provisions of MCOCA against the accused persons in the aforesaid crime. By order dated 27.11.2018, the Additional Director General of Police (L & O), Maharashtra i.e. Respondent No.3 herein passed an order granting sanction for applying MCOCA against the accused persons including the Petitioner who was at that stage absconding accused.

(3.) Later the Petitioner was arrested on 03.12.2018 and he was sent to judicial custody. The incident leading to registration of FIR occurred on 22.05.2018 when the Complainant, who was working as a driver with the transport company, driving a truck containing bottles of whiskey, was forced to stop the truck due to obstruction by four persons riding motorcycles. The said persons assaulted the Complainant, tied his mouth and forcibly took away the truck thereby committing the said offence. The articles stolen in the process included bottles of whiskey and mobile phones worth Rs.55,33,014/-. Pursuant to registration of FIR, investigation was undertaken.