MUMBAI: The Bombay high court has dismissed petitions filed by a dozen men booked for organized crime under Maharashtra Control of Organised Crime Act (MCOCA) after raid on a gambling den. They had sought that the charge of organized crime against them be dropped.
“Though gambling by itself is not an organised crime, an organised-crime syndicate may take recourse to it as profit making venture and make money to support its other acts dacoity, abduction and contract killing,” said a bench of Chief Justice B P Dharmadhikari and Justice N R Borka on Tuesday.
The HC in its judgment also said, “If police first learn of existence of organsied crime syndicate when raiding a gambling establishment and they find two or more chargesheets for serious offences attracting three years’ imprisonment against them, police may take recourse to MCOCA and complete the investigation.”
“The MCOCAcourt may after trial punish accused only for being a member of or for abetting if it finds that there is no proof of actual participation,” the HC added.
The case against the petitioners was registered in Kolhapur after police had raided a matka den of a main accused Salim Mulla. The petitioners are alleged to have extended actual assistance to the main accused, providing him with accommodation in contingency of excessive risk he incurred. “This help to the main accused is definitely sufficient at this stage to deny the relief of quashing sought,” said the HC. Some of the accused are still absconding. Their interrogation and investigation may also help prosecution in producing more incriminating material on record, observed the HC.
The accused said merely gambling but not akin to being party to organized crime. But the HC said “legislature has defined abetment in wide language and also added “being a member” as an independent crime and made it punishable under Section 3(4) of MCOCA.” Finding no reason to quash the prosecution under the special MCOCA Act, the HC dismissed their separate petitions.
“Though gambling by itself is not an organised crime, an organised-crime syndicate may take recourse to it as profit making venture and make money to support its other acts dacoity, abduction and contract killing,” said a bench of Chief Justice B P Dharmadhikari and Justice N R Borka on Tuesday.
The HC in its judgment also said, “If police first learn of existence of organsied crime syndicate when raiding a gambling establishment and they find two or more chargesheets for serious offences attracting three years’ imprisonment against them, police may take recourse to MCOCA and complete the investigation.”
“The MCOCAcourt may after trial punish accused only for being a member of or for abetting if it finds that there is no proof of actual participation,” the HC added.
The case against the petitioners was registered in Kolhapur after police had raided a matka den of a main accused Salim Mulla. The petitioners are alleged to have extended actual assistance to the main accused, providing him with accommodation in contingency of excessive risk he incurred. “This help to the main accused is definitely sufficient at this stage to deny the relief of quashing sought,” said the HC. Some of the accused are still absconding. Their interrogation and investigation may also help prosecution in producing more incriminating material on record, observed the HC.
The accused said merely gambling but not akin to being party to organized crime. But the HC said “legislature has defined abetment in wide language and also added “being a member” as an independent crime and made it punishable under Section 3(4) of MCOCA.” Finding no reason to quash the prosecution under the special MCOCA Act, the HC dismissed their separate petitions.
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