STATE OF MAHARASHTRA Vs. ROSHAN SHIRODKAR

JUDGEMENT

(1.) The State has preferred present Appeal under Sec. 12 of the Maharashtra Control of Organized Crime Act, 1999 (for short, 'MCOC Act') impugning Order dtd. 11/2/2021 passed below Exh.42 in MCOC Spl. Case No. 01/2019 @ 13/2019 @ 309/2020 to the extent of clause No. (2) of the operative part of the said Order, by which the learned Judge of the trial Court has discharged the Respondents from the offences punishable under Ss. 3 read with 7 of The Essential Commodities Act, 1955 (for short, 'E.C. Act') read with Clause - 3(4)(5)(6) and Clause-4 of Motor Spirit High Speed Diesel (Regulation of Supply, Distribution and Prevention of Malpractice) Order, 2005 (for short, 'Diesel Order 2005').

(2.) Heard Mr. Mule, learned Special Public Prosecutor for Appellant, Ms. Vora, learned Advocate for Respondent Nos. 1 to 3, 5, 6 and 8 to 11 and Mr. Deshpande, learned Advocate for Respondent No.7. Despite service, none appears for Respondent No.4. Perused entire record.

(3.) Record indicates that, Mr. Hemraj G. Borse, Police Sub-Inspector, then attached to Yellow Gate Police Station, Mumbai had filed C.R. No. 20 of 2018 on 20/9/2018 under Ss. 285 read with 34 of I.PC. and under Ss. 3, 7(2) of E.C. Act.