Sachin Vs. State of Maharashtra and Others

maharashtra control of organized crime act (moca), 1999 - constitution of india, 1950 - article 21 applicants were involved in civil dispute illegal detention - respondent/investigating officer had invoked provisions of moca against applicants - applicants were detained and are behind bars for almost prescribed period hence this criminal application court held prima facie provisions of moca would not be applicable as dispute appears to be civil in nature -respondent for reasons best known to him, had invoked provisions of moca on applicants - applicants were detained and are behind bars for almost prescribed period considering saddling exemplary costs upon person who had invoked moca applicant s continuation in custody even for single day would amount to deprivation of their fundamental rights under article 21 direction was issued to commissioner of police to conduct enquiry into affairs of respondent in invoking moca and submit report - direction was issued to prison authorities to forthwith release applicants from prison without furnishing bail paras: (6, 7) p.c. 1. prima facie, we are of the view that invoking the provisions of maharashtra control of organized crime act, 1999 (moca) was not justified in the facts of the case, inasmuch as the dispute appears to be civil in nature. 2. in that view of the matter, issue notice to respondents, returnable after six weeks. 3. mr v.a. thakre, learned app waives service on behalf of respondent nos.1 to 3. hamdast granted for respondent no.4. 4. we have heard the learned counsel for the applicants and learned app on the question of grant of interim relief. 5. on account of invoking the provisions of moca, the applicants have been detained since 24.1.2016. 6. we have already observed that prima facie the provisions of moca would not be applicable. however, it appears that the investigating officer, for the reasons best known to him, has invoked the provisions of moca. on account of invoking the provisions of moca, the applicants are behind the bars for a period of almost three months. 7. we would consider saddling exemplary costs upon the person who has invoked the moca and on account of whose action the citizens are behind the bars for a period of three months. however, we find that even a single day's continuation in custody of the applicants would amount to deprivation of their fundamental rights guaranteed under article 21 of the constitution of india. 8. in that view of the matter, in addition to grant of interim relief as prayed in prayer clause (3) of the application, we direct that the applicants shall be forthwith released from the prison without furnishing bail. 9. we direct the commissioner of police to conduct an enquiry into the affairs of the investigating officer in invoking the provisions of moca. the commissioner of police shall submit his report to this court by the next date. 10. the learned additional public prosecutor to communicate this order forthwith to the prison authorities and ensure that they are released from the prison prior to 5.00 p.m., today.....