NIKHIL DILIP BALVADKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By the Appeal filed under Sec. 12 of the MCOCA, the appellant has raised challenge to the order dtd. 2/1/2025, refusing to discharge him, on being arraigned as accused in special case no. 964 of 2023 for the offence punishable under sec. 302, 120B, 109, 212, 201 read with Sec. 34 of the Indian Penal Code and Sec. 3(1)(i)(ii), 3(2), 3(3) and 3(4) of the Maharashtra Control of Organised Crime Act, 1999, secion 4(27) of the Arms Act and Sec. 135 of the Maharashtra Police Act.

(2.) Heard learned counsel Mr.Karma Vivan for the appellant and Ms.Supriya Kak for the State. The learned Senior counsel Mr. Mohite appeared for the intervenor/complainant.

(3.) Further, the learned counsel would submit that, to label a crime as "Organised Crime Syndicate" it must necessarily have involvement of two or more persons, acting singly as a syndicate or gang or collectively as a syndicate or gang, which indulge in activities of organised crime.