CENTRAL BUREAU OF INVESTIGATION Vs. PRADEEP BALCHANDRA SAWANT

JUDGEMENT

(1.) This Appeal is filed against the order discharging Respondent No.1, who was accused No.65 in Special Case No.2 of 2003 under CR No.135 of 2002 arising out of a chargesheet filed by Bund Garden Police Station, Pune, under the provisions of the Maharashtra Control of Organised Crime Act (MCOCA).

(2.) Respondent No.65 is a Police Officer. At the relevant time, he served as D.C.P. (Detection) in the capacity as Senior Supervisor of Detection Crime Branch, Mumbai.

(3.) Out of the several charges against as many as 68 accused, the charges relating to Respondent No.1 (as accused No.65 in the aforesaid case) were contained in charge No.1 and charge No.72. The relevant portion of charge No.1 shows that he, whilst working as a public servant, resorted to illegal acts and abetted the activities of the organised crime syndicate of the main accused No.23 one Abdul Karim Telgi Laadsab (Telgi) who obtained several mobile phones for facilitating the communication with members of the organized crime syndicate for furthering his unlawful activities. The charge No.72, which specifically relates to Respondent No.2 as accused No.65 along with two other officers of this department arraigned as accused Nos.44 and 50, is that Respondent No.65, as a public servant and in his capacity as the Deputy Commissioner of Police, Crime Branch, (Detection), Mumbai, abused his official position to render help and support to the continuing unlawful activities of the aforesaid organized crime syndicate through accused No.44 who is his subordinate and accused No.50, who was the immediate Supervisory Officer of accused No.44 and abetted and knowingly facilitated the commission of organized crime or act preparatory to such crime by :