GOKUL BHAGAJI PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This application for bail is by the original accused No. 56 in C. R. No. 135 of 2002 registered at bund Garden Police Station, Pune. The applicant had applied for bail but the learned special Judge, MCOC, Pune exercising powers under maharashtra Control of Organised Crime Act, 1999 (for the sake of brevity hereinafter referred to as "mcoc Act") had rejected the application vide order dated 26th April 2004.

(2.) The applicant was at the relevant time senior Police Inspector at Meera Road Police Station, Thane District. According to him he was posted there from 2nd June 1999 to 13th May 2000. According to the applicant his service record is clean and unblemished. He submits that he was the only Police Inspector at Meera Road Police station and there were about four Police sub-Inspectors attached to the same.

(3.) The prosecution case, briefly stated, is that on or about 15th August, 1999 one dhirajlal Patel has some information about fake revenue and postal stamps being printed by a gang. He passed on this information to one Vazir Sheikh. Shri Vazir sheikh was attached to D. S. B. , Thane Rural. He confirmed this information and thereafter contacted the Meera Road Police station. The applicant was in-charge at the relevant time at Meera Road Police Station. The applicant made available staff and thereafter the said staff accompanied Vazir sheikh, the informant and others. A trap was laid near Zunka Bhakar Kendra at meera Road Railway Station. One phulchand Jain was arrested along with bogus stamps. On further inquiry, the accused Jain led the police team to Zaveri bazar, Mumbai where one more accused umesh Khandelwal came to be arrested. Another person Bhausaheb Jagdale came to be arrested from General Post Office, at victoria Terminus (now Chhatrapati Shivaji terminus) , Mumbai. Thereafter a case was registered at Meera Road Police Station vide C. R. No. 274 of 1999 alleging offences punishable under sections 257, 260, 420, 467, 468 read with 34 of IPC and under section 55 of the Indian Postal Act, 1898 against all of them. It is stated in the present application that the C. R. was registered at the instance of Police Sub-Inspector Kakde, who was Investigating officer in this case. During the investigation, various other persons came to be arrested. During the raids bogus stamps worth Rs. 83,78,300/- were seized.