| Topics |
Headnote |
Judgement |
| MAHARASHTRA CONTROL OF ORGANIZED CRIME ACT, 1999 (MCOCA) |
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| MAHARASHTRA CONTROL OF ORGANIZED CRIME ACT, 1999 (MCOCA) |
IPC — Ss 364A, 365 & 397 — MCOCA — S s 3(1)(ii), 3(2), 3(3), 3(4) — Conviction under — Conviction & sentence for offences u/s 364A & 366 confirmed— Conviction & sentence u/s 397 IPC & 3(1)(ii) & 3(4) of MCOC Act set aside and quashed— Appeal partly allowed. (Para 48) |
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| MAHARASHTRA CONTROL OF ORGANIZED CRIME ACT, 1999 (MCOCA) |
MCOCA — S 2(e) — "Organised Crime " — Definition of — any continuing unlawful activity — by an individual singly or jointly — either as a member of an organised crime syndicate — or on behalf of such syndicate — by use of violence or threat of violence or intimidation or coercion, or other unlawful means — with the objective of gaining pecuniary benefits — or gaining undue economic or other advantage for himself — or for any other person or promoting insurgency. (Para 38) |
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| MAHARASHTRA CONTROL OF ORGANIZED CRIME ACT, 1999 (MCOCA) |
MCOCA — S 2(f) — "Organised Crime Syndicate" — Definition of —a group of two or more persons — who, acting either singly or collectively— as a syndicate or gang indulge in activities of organised crime. (Para 38) |
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| MAHARASHTRA CONTROL OF ORGANIZED CRIME ACT, 1999 (MCOCA) |
MCOCA — S 2(e) — "Organised Crime " — Mode of proof — Held, the prosecution is required to establish that the accused had indulged in continuing unlawful activity. (Para 39) |
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| MAHARASHTRA CONTROL OF ORGANIZED CRIME ACT, 1999 (MCOCA) |
MCOCA — S 2(d)— "Continuing unlawful activity" — Definition of — an activity prohibited by law for time being in force — which is a cognizable offence punishable with imprisonment of three years or more — undertaken either singly or jointly, as a member of an organised crime syndicate or on behalf of such syndicate — in respect of which more than one charge-sheets have been filed before a competent Court — within the preceding period of ten years and that Court has taken cognizance of such offence. (Para 39) |
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| MAHARASHTRA CONTROL OF ORGANIZED CRIME ACT, 1999 (MCOCA) |
MCOCA — S 2 (d)(e)&(f) — "Continuing unlawful activity", "Organised Crime " & "Organised Crime Syndicate" — Conjoint reading — in order to prove an offence of 'organised crime' or of being member of 'organised crime syndicate', amongst other requirements— the prosecution is required to prove that more than one charge sheets have been filed in competent court — within the preceding period of ten years in respect of such offences, and that the court has taken cognizance of such offence. (Para 40) |
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| MAHARASHTRA CONTROL OF ORGANIZED CRIME ACT, 1999 (MCOCA) |
MCOCA — S 2(d) — Continuing unlawful activity — Essential ingredients —filing of more than one chargesheets in the preceding 10 years and taking of cognizance of offence by the court. (Para 47) |
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| MAHARASHTRA CONTROL OF ORGANIZED CRIME ACT, 1999 (MCOCA) |
MCOCA — S s 3(1)(ii) and 3(4) — Conviction under — Criteria "continuing unlawful activity"— Satisfaction of — Chargesheets previously filed — Non production of — Held, prosecution has failed to establish that atleast two chargesheets had been filed against the accused before the competent court — & that the court had taken cognizance of such offence— Essential requirements of — "Continuing unlawful activity"— not proved — accused cannot be held guilty for offences under the provisions of MCOC Act. (Para 47) |
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