CENTRAL BUREAU OF INVESTIGATION Vs. VASHITHA RAMBHAU ANDHALE

JUDGEMENT

(1.) This is an Appeal under Section 12 of the Maharashtra Control of Organised Crime Act, 1999 (MCOCA) against an order discharging respondent No.1 from MCOCA Special Case No.2 of 2003.

(2.) Respondent No.1 is accused No.55 in the aforesaid special case. The charge against respondent No.1 herein is that of conspiracy with members of an Organised Crime Syndicate headed by Abdul Karim Laadsab Telgi (Telgi) who is accused No.23 in the case. The charge of conspiracy against respondent no.1 being the first charge under the case specifies that respondent No.1 rendered help and support to the Organised Crime Syndicate, dishonestly and intentionally prepared records knowing them to be false with a view to dilute the enormity of the crime, failed to maintain proper records with intent to save the members of the Organised Crime Syndicate, omitted to apprehend persons of the syndicate who were legally bound to be apprehended and helped them in the commission the organized crime, prevented the forfeiture of their properties, fabricated police records by avoiding to arrest members of the Organised Crime Syndicate and thereby subverted public service and for pecuniary advantage by corrupt and illegal actions accepted illegal gratification by abusing his position as a public servant and obtained undue pecuniary advantage thereby causing wrongful loss to the national exchequer to the tune of hundreds of crores of rupees.

(3.) The specific charge against respondent No.1 is charge No.63. That charge is for abusing his official position by rendering help and support to the unlawful activities of the Organised Crime Syndicate and abetting the syndicate by knowingly facilitating the commission of organized crime in three specific ways :