TARUN CHANNALAL SHAH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This Appeal is directed against the order of the Special Court constituted under the Maharashtra Control of Organised Crime Act in Miscellaneous Application No.426 of 2005 in MCOC Special Case No.14 of 2005. The impugned order has been passed on an application under section 227 of the Criminal Procedure Code filed by the appellant for being discharged.

(2.) The case of the prosecution is as follows: An Organised Crime Syndicate headed by accused No.2, Chhota Shakeel who is absconding, is indulging in various nefarious activities including contract killing, extortion, etc. The ill gotten money from such illegal activities was invested by the accused in various areas including finance for films. Between the period 28.10.2000 and 30.11.2000 conversations between the absconding accused i.e, accused No.2 and the co-accused No.1 namely Nazim Rizvi @ Rajasaab with four others were recorded on several audio cassettes by the complainant in the present matter. According to the prosecution, the name of the appellant was referred to in the conversation between accused No.1 and the absconding accused. Based on the transcripts of the recorded conversations, a proposal was submitted to the Joint Commissioner of Police (Crime), Mumbai seeking prior approval under section 23 (1)(a) of the MCOC Act for recording information and registering a case under section 3(1)(ii), 3(2), 3(4), 3(5) and 4 of the MCOC Act. The Joint Commissioner of Police accorded sanction under section 23(2) of the MCOC Act. An FIR was lodged on 12.12.2000 against accused No.1 and the absconding accused. The accused No.1 and the absconding accused, accused Nos.3 Bharat Shah and accused No.4 Ahmed Samsudeen Mohammed Salihu @ Bhatija were, therefore, charged with having committed offences punishable under section 120-B, 302 r/w 115, 387 of Indian Penal Code and 3(1)(ii), 3(2), 3(4), 3(5) and 4 of the MCOC Act. The case was registered as MCOCA Special Case No.4 of 2001.

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