RAMAKANT JAMUNASINGH SINGH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant has preferred this appeal against the judgment and order dated-21st March, 2001, passed by the Special Judge under the Maharashtra Control of Orgnised Crime Act, 1999 (hereinafter called as MCOC Act), Greater Mumbai in M. C. O. C. Special Case No. 4 of 2000.

(2.) IT may be noted at this juncture that in all six accused were named in the charge-sheet. However, the case against Accused Nos. 2 and 6 was abetted as they were reported dead pending the trial. The case was further directed to be kept on the dormant file against Accused Nos. 4 and 5 as they were found absconding and hence the case proceeded against Accused No. 1 only. Appellant-Accused No. 1 faced the trial on the charge under Section120-B read with Section302 of the Indian Penal Code, and further under Section3 (1) (i), 3 (2), 3 (4) and 3 (5) of MCOC Act and also under Section25 (1-B) read with Section3 of the Indian Arms Act, 1959. However, he was acquitted of the offence punishable under Section120-B read with Section302 of the Indian Penal Code. But was convicted for offences punishable under Section3 (2) of MCOC Act, 1999 read with Section120-B of the Indian Penal Code and sentenced to suffer rigorous imprisonment for seven years and was directed to pay a fine of Rs. 5 lakhs, in default of payment of fine to suffer further rigorous imprisonment for one year. He was also convicted for the offence punishable under Section3 (4) of MCOC Act, 1999 read with Section120-B of the Indian Penal Code and sentenced in similar manner. He was further convicted for the offence punishable under Section3 (5) read with Section4 of MCOC Act, 1999 read with Section120-B of the Indian Penal Code and sentenced in similar manner. He was further found guilty and convicted for the offence punishable under Section25 (1-B) (a) read with Section3 of the Indian Arms Act and sentenced to suffer rigorous imprisonment for two years and was directed to pay a fine of Rs. 500/- in defult of payment of fine he was directed to undergo further rigorous imprisonment for three months. The substantive sentences were directed to run concurrently.

(3.) IN the course of the investigation, it was further disclosed that the appellant was involved in the offence of extortion in the past and he also was a member of an organised crime syndicate/gang. Thus, a prior approval to prosecute the accused under the provisions of M. C. O. C. Act, 1999 was sought. Prior approval under Section23 (1) (a) of the said Act was granted as per Exhibit '65' on20th November 1999, after the Additional Commissioner of Police (Crime), Brihan Mumbai was satisfied about the past criminal history of the accused and the prima-facie case attracting the provisions of the MCOC Act, 1999. After prior approval, the investigation was taken over by Mr. Pote, Assistant Commissioner of Police, North-West Region. Sanction to prosecute the accused under the INdian Arrms Act was also obtained from the Deputy Commissioner of Police, Headquarters, Brihan Mumbai on25th May 2000. On completion of the investigation and after obtaining the due sanction under MCOC Act the accused was charge-sheeted to the Special Court.