JAISINGH ASHARFILAL YADAV Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD the learned Advocate for the petitioners and the learned Additional Government Advocate for the respondents. Perused the records.

(2.) THE petitioners by the present petition seek to challenge the constitutionality of the provisions of law contained in the Maharashtra Control of organised Crime Act, 1999 (hereinafter called as "the said Act") allegedly declaring the Acts committed prior to its enforcement to be the offences under the said act as being violative of Article 20 (1) of the Constitution of India and, therefore, seek to quash the proceedings against the petitioners initiated under the said Act allegedly on the basis of the acts committed by the petitioners prior to enforcement of the said Act.

(3.) THOUGH the petition was filed on various grounds and even more grounds were added by way of amendment on two occasions, the challenge in the course of arguments was restricted to the ground of unconstitutionality of the expression "within the preceding period of ten years" in section 2 (d) of the said act contending that the same to be in contravention of the provisions of law contained in Article 20 (1) of the Constitution as on account of the said expression the competent authority under the said Act is empowered to consider the acts committed prior to the enforcement of the said Act as the offences under the said Act.