SANJAY VITHALRAO BHADRE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an application for grant of bail. The applicant has been arrested for the offence punishable under Sections 3 (1) (ii), 3 (2), 3 (3), 3 (4), 3 (5) and Section4 of MCOC Act, 1999 in Crime No. 3222/2002.

(2.) Heard learned Counsel for the applicant and learned APP for the respondent.

(3.) The prosecution mainly relies on five crimes registered against the present applicant. It is not in doubt that out of the five, first three relate to the period, prior to the present Act coming into effect. No doubt that in view of the provisions of sub-sections (d) and (e) of Section 2 of the said Act, the said crimes can be taken into consideration for finding as to whether the present applicant is engaged in continuing any unlawful activities. However, In view of the judgment of the Division Bench of this Court in the case of Bharat Shantilal Shah Vs. State of Maharashtra, 2003 AllMR(Cri) 1061 the said offences can be taken into consideration so as to provide penalty for them under the present Act.