Legal Appeals Under MCOCA: Examining Procedural Compliance and Judicial Review


Summary of Judgement

The case involves appeals under Section 12 of the Maharashtra Control of Organised Crime Act, 1999 (MCOCA), challenging orders rejecting applications to drop MCOCA charges in Special Case No.909 of 2020. The appeals concern three accused involved in a crime investigated by the National Investigating Agency (NIA). Key arguments revolve around the timing of cognizance by the trial court and compliance with MCOCA provisions, specifically regarding prior approval for invoking MCOCA. The Supreme Court's interpretation of MCOCA's requirements forms a critical part of the legal debate.

  1. Background and Parties Involved:

    • Appeals filed by accused (Appellants) under Section 12 of MCOCA.
    • Original case: Special Case No.909 of 2020, originating from crime RC-02/2019/NIA/MUM registered with NIA.
    • Accusations under various sections including IPC, Explosive Substances Act, Unlawful Activities (Prevention) Act, and MCOCA.
  2. Chronology of Events:

    • Crime registered on 2nd May, 2019; investigation transferred to NIA on 24th June, 2019.
    • Charge-sheet filed on 4th December, 2019; supplementary charge-sheet on 24th September, 2020.
    • Prior approval under MCOCA granted on 7th February, 2020.
  3. Legal Issues Raised:

    • Cognizance and MCOCA Compliance: Argument over whether the trial court had taken cognizance of related crimes at the time of MCOCA invocation.
    • Supreme Court Precedents: Reference to Mahipal Singh case emphasizing the necessity of fulfilling MCOCA's requirements at the time of crime commission or detection.
  4. Arguments by Appellants:

    • Timing of Cognizance: Contention that the trial court did not take cognizance of related crimes at the time of MCOCA application, hence invalidating the prior approval.
    • Legal Inconsistencies: Allegations that the trial court erred in not considering the procedural requirements of MCOCA as interpreted by the Supreme Court.
  5. Responses by Prosecution:

    • Procedural Validity: Asserts that the NIA took over investigation after cognizance was already taken, thereby meeting MCOCA's requirements.
    • Affidavit Evidence: Refers to an affidavit supporting the procedural steps taken by the NIA and the validity of the prior approval granted.
  6. Court's Consideration and Conclusion:

    • Judicial Review: Review of trial court's handling of MCOCA provisions and prior approval.
    • Decision: Appeals allowed, quashing trial court's orders of 6th March, 2023, on grounds of failure to meet MCOCA's procedural requirements as interpreted by the Supreme Court.

Case Title: Somsay Dalasay Madvi Ors. Versus National Investigation Agency Ors.

Citation: 2024 Lawtext (BOM) (6) 119

Case Number: CRIMINAL APPEAL NO. 472 OF 2023 WITH CRIMINAL APPEAL NO. 523 OF 2023

Advocate(s): Mr. Gaurav Bhawnani a/w Adv. Khan Abdul Wahab for the Appellants in Appeal No.472 of 2023. Ms. Muskan Shaikh a/w Ms. Kritika Agarwal for the Appellant in Appeal No.523 of 2023. Ms. Aruna S. Pai for the Respondent-N.I.A. Mr. Shreekant V. Gavand APP, for the Respondent-State.

Date of Decision: 2024-06-11