RAMESH JIVATRAM ISRANI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Present Appeal under Sec. 12 of the Maharashtra Control of Organized Crime Act, 1999 (for short, "the MCOC Act") is preferred by the Appellant (Original Accused No.5) impugning the Order dtd. 23/8/2018, below Exh-11 in MCOCA Case No.3 of 2018, rejecting his Application for discharge under Sec. 227 of the Code of Criminal Procedure (for short, "Cr.P.C.") from the said case.

(2.) It is the prosecution case that, the Appellant (Accused No.5) aided and abetted the Organized Crime Syndicate headed by Mr. Ravi Pujari by receiving and transferring money on behalf of the said syndicate to the absconding accused Bhagwan Shobhrajmal Krushnani @ Ajay Dixit. That, the Appellant therefore is a member of said Organized Crime Syndicate.

(3.) Mr. Thool, learned Advocate appearing for the Appellant submitted that, the Appellant is running a business of 'Hawala' i.e. transfer of amount from one place to another place. That, it is at the request of Kamalsingh Vijaysingh Rajput @ Kamaluddin Mohammad Patel @ Raju (Accused No.4), the Appellant transferred certain amounts to Dubai which were received by the absconding accused and the Appellant has also received certain amounts from Dubai for and on behalf of Accused No.4. That, the Appellant had no knowledge, that by transfer of the said money, Appellant was aiding or assisting the Organized Crime Syndicate of Mr. Ravi Pujari. He submitted that, the Appellant had not abetted the said crime and therefore the definition of Sec. 2 (1) (a) will not attract in the present case as far as the Appellant is concerned. He vehemently submitted that, the Appellant's defence of 'knowledge' be tested herein, in this Appeal against rejection of his Application under Sec. 227 of Cr.P.C. and the Appellant be given benefit of the same by discharging him from the said case. He submitted that, the Appellant is merely a "Hawala Agent" and nothing beyond it. He relied on a decision of the Hon'ble Supreme Court in the case of Ibrahim Musa Chauhan @ Baba Chauhan Vs. State of Maharashtra reported in : JT2013(5)SC68 and in particular paragraph Nos.198 to 202 thereof. He therefore prayed that, the impugned Order may be set aside by allowing the present Appeal.