Court : Mumbai Nagpur
C.V. Bhadang, J. 1. Heard. Admit. Taken up for final disposal with the consent of the learned Counsel for the parties. 2. This appeal is filed by the original accused Narendra Singh @ Dallu Sardar challenging the order dated 10.1.2014 passed by the learned Special Court in Special Criminal Case No.5/2013. By the impugned order, the learned Special Judge has dismissed the application Exh.28 filed by the appellant/accused for discharge from the offence u/s 3 of the Maharashtra Control of Organised Crime Act, 1999 (MCOC Act for short). 3. The facts necessary for the disposal of the appeal may be stated thus: That, now deceased Suraj Yadav was a property dealer at Nagpur and had established a name in the business. According to the prosecution, the appellant is also dealing in property business and is running a Organised Crime Syndicate within the meaning of the act, along with his associates. The appellant was not happy with the influence of the deceased in the business and wanted to estab...
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AbhayM. Thipsay, J. 1. These two Appeals can be conveniently disposed of by this common order as they take exception to the same order i.e. the order dated 7th October 2011 passed by the Judge of the Special Court under the Maharashtra Control of Organized Crime Act (hereinafter referred to as "MCOC Act") for Greater Bombay in MCOC Special Case No.9 of 2011 which was pending before him. The respondents herein are the accused in the said case. 2. The respondent no.3 had filed an application (Exhibit21) before the Trial Court praying that the proceedings under the MCOC Act be dropped, and the case be sent for trial to the Court of Sessions. It was the contention of the respondent no.3 that since no offence punishable under the provisions of the MCOC Act was disclosed from the police report and accompanying documents, the said Special Court had no jurisdiction to try the offence in question. The learned Judge after hearing the parties, came to the conclusion that the offence allegedly com...
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Reported in : 2010CriLJ327
N.A. Britto, J.1. This appeal is by the accused, who has been convicted and sentenced under Section 20(b)(ii)(C) of the NDPS Act, 1985 for having been found in possession of 4.85 kgs of charas on 6/03/2007 at 14.05 hrs. near the road junction leading to Club Cubana at Arpora, Bardez-Goa.2. The case of the accused was one of denial simpliciter, though in the cross-examination of the witnesses examined by the prosecution, it was suggested that the accused was arrested from a party which was going on at Carona, Aldona, in connection with holi celebrations.3. The prosecution had examined 6 witnesses including the police inspector Shri Dias, who had conducted the raid, based on a prior information. After considering the evidence produced by the prosecution, the learned Special Judge came to the conclusion that the prosecution had proved, on the basis of oral as well as contemporaneous documentary evidence, that the accused was found at that place in possession of suspected drugs which were ...
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A.S. Gadkari, J. This Appeal has been preferred by the Appellant under Section 12 of the Maharashtra Control of Organized Crime Act, 1999 ('MCOC Act' for brevity) thereby challenging the order passed by the Learned Special Judge, Pune under the MCOC Act, below Exhibit 4 in MCOCA Special Case No.7 of 2012, thereby rejecting his application preferred under Section 227 of the Code of Criminal Procedure for discharge. The Appellant questions the correctness of the said order dated 4 March 2013 passed below Exhibit 4 in Special case No.7 of 2012. The Appellant has challenged the said order mainly on two grounds i.e. (i) that there is no material at all on record for framing a charge against him and (ii) there is a total non application of mind of the competent authorities while granting prior approval as contemplated under Section 23(1)(a) and sanction as contemplated under Section 23(2) of the MCOC Act. 2. It appears from the record that the complainant Smt. Parvin Anwar Shaikh has lodged ...
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Reported in : 1993CriLJ2919
Saldanha, J.1. Occasionally, criminal trials bring before the Courts human beings who are accused of acts of shuddering brutality. In this day and age, the offence of rape, which was more in tune with tribal society and conquering armies, is still manifesting itself and, having regard to its abhorrent nature has been classified along with that class of offences that call for stringent punishment. It is despicable enough when the attack is on an adult female, but the situation becomes far more gory when the victim is a minor and virtually crosses the limits of depravity in cases where the offence is directed against an infant. The law has, therefore, upgraded the punishment and prescribed an ascending scale of stringency as the age of the victim goes lower. A Court would be fully justified, therefore, in awarding the maximum sentence where the victim was a four-month old female child which was killed in the process. In this background, we proceed to deal with the present set of appeals....
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By this appeal, the appellant (hereinafter, referred to as the accused) takes exception to the judgment and order dated 22nd December, 2008, passed by the Special Judge, at Mapusa in Special Criminal Case No. 1/2008, convicting the accused for the offence punishable under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (the Act for short) and sentencing him to undergo rigorous imprisonment for 10 years and to pay a fine of Rs.1,00,000/- (Rupees one lakh only) and in default, to undergo further imprisonment for one year. The accused has been granted set off in respect of the period of detention in terms of Section 428 Cr.P.C. 2. The appellant was accused No.2 in Special Criminal Case No. 1/2008 filed against two accused pursuant to a raid conducted by PW.7 Punaji Gawas, attached to the ANC Police Station, Panaji on the basis of a specific and reliable information received on 23.10.2007 that one lady and one man would be coming near Dipti's Bar and Restau...
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Reported in : 1984(2)BomCR137
V.V. Vaze, J.1. A wooden partition with an upper-half of glass would be the least expected fixture in small shack looking like a godown. Gala No. 9 on the ground floor of Tardeo Mansion, Tulsiwadi Road, Tardeo was no doubt a godown but its original tenant P.W. 6 Kulwantsingh Chopra alias Mohan Punjabi ('Minoo') had let out the same to P.W. 14 Minoo Meherjibhow Mistry ('Minoo'). As this Gala had no electricity, Minoo approached a neighbour for supplying electrical connection. P.W. 15 Pandurang Raigude ('Pandurang'), the friendly neighbour obliged on payment of Rs. 25/- per month and gave a temporary connection. The modus operandi of the makeshift arrangement was that everyday Pandurang would carry a connecting wire from his power supply up to the rear side of Gala No. 9, provide light from 6.30 P.M. 10.00 P.M. or sometimes till midnight, and then disconnect and coil back the wire every night after use.2. The elaborate lighting arrangements for the shack were necessitated by the fact tha...
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1. These two applications for bail have been filed by two persons arrested and chargesheeted in connection with bomb blasts at Malegaon, District Nasik on 29th September, 2008, for their alleged involvement in offences punishable 120B, 302, 307, 326, 324, 153-A, 427 of the Indian Penal Code read with Sections 3, 4, 5 and 6 of Explosive Substances Act read with Sections 3(1)(i), 3(2), 3(4) and 3(5) of the Maharashtra Control of Organised Act (hereinafter referred to as MCOCA ) and read with Sections and Sections 3, 5 and 25 of the Indian Arms Act read with Sections 16, 18 and 23 of Unlawful Activities (Prevention) Act (hereinafter referred to as UAPA ). The applicants were arrested on 5th November, 2008 and 2nd November, 2008 respectively. 2. Facts which are relevant for the purpose of deciding these two applications and which may, for the sake of arguments, be taken to be not in serious dispute are as under :- Applicant Lt. Colonel Prasad Purohit is a serving Army officer, who was also...
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1 These appeals arise from the judgment and order dated 28/03/1990 rendered by the learned Vth Additional Sessions Judge, at Pune in Sessions Case No. 338 of 1987. In all 3 accused came to be tried in the said case for the offences punishable under Sections 302, 201 and 202 read with Section 34 of the Indian Penal Code (IPC).2 By the impugned judgment and order, the learned Additional Sessions Judge, Pune acquitted accused nos.2 and 3 from all the charges and therefore, Criminal Appeal No. 399 of 1990 by the State of Maharashtra against the said order of acquittal. Accused no.1 came to be convicted for the offence punishable under Section 302 of the IPC and sentenced to suffer life imprisonment. Hence, he has filed Criminal Appeal No. 320 of 1990 against the said order of conviction and sentence. He was released on bail by this Court on 18/06/1990, pending his appeal. 3 As per the prosecution case accused no.2 Yusuf Ismail Shaikh was a tailor by profession and the husband of accused no...
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Oral Judgment: By this appeal, the appellant/accused takes exception to the judgment and order dated 29.4.2009 passed by Special Judge, NDPS, Court, Mapusa in Special Criminal Case No.14/2008 convicting the accused for the offence punishable under Section 20(b) (ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 ('the Act' for short) and sentencing him to undergo rigorous imprisonment for a period of 10 years and to pay fine of Rs.1,00,000/- (Rupees one lakh only) and in default, to undergo further rigorous imprisonment for a period of 6 months. The period of detention undergone by the accused during the investigation and trial, has been ordered to be set off in terms of Section 428 of Cr. P.C. 2. Briefly the prosecution case is as under;- On 5.2.2008 at about 4.00p.m, PW8, PI Suraj Halarnkar attached to Anti Narcotic Cell, Police Station at Panaji received specific information that one Nepali aged about 25 to 30 years would be coming to Caranzalem beach near Martin's B...
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