MCOCA accused -Acquitted – Advocate Ravi Drall Criminal Advocate Rohini Court
‘Prosecution failed to prove them guilty’
A Delhi court has acquitted two persons slapped with charges under the Maharashtra Control of Organised Crime Act (MCOCA), saying that the prosecution failed to prove that they were working for a crime syndicate.
“As per the chargesheet, during investigation it was found that accused Vishal Sharma and Varun were running an organised crime for pecuniary gains. Vishal was involved in 46 criminal cases while Varun in 13 cases. The chargesheet does not make a whisper about any other member of the organised crime syndicate,” said Additional Sessions Judge Sukhvinder Kaur.
“The prerequisite of continuing unlawful activity as defined under Section 2 (d) of the Act is that chargesheet has been filed in more than one case. Since only one chargesheet for an organised crime has been filed, the provisions under MCOCA are not attracted. Further, the prosecution could not establish that the accused persons formed an organised crime syndicate. To constitute an organised crime syndicate, there must be two or more persons who either act singly or collectively as a syndicate or gang and indulge in activity of organised crime,” the Judge said.
Allowing arguments by Ravi Drall, counsel for the accused, the Judge said: “Accordingly, benefit of doubt is given to both the accused persons for offences punishable under Sections 392 [robbery], 411 [dishonestly receiving stolen property knowing to be stolen] and 34 of the IPC and under the MCOCA. Hence, both the accused persons are acquitted of the charges.”
Nabbed for robbery
Prashant Vihar police in north Delhi had arrested the two accused persons in a case of allegedly robbing a man of ₹ six lakh when he was on way to his home after withdrawing the money from a bank in 2010.
The police had recovered ₹ two lakh from one of the accused.
Delhi Police failed to bring any evidence in limelight which could have been used by prosecution to prove that there was any crime syndicate. No economical gain could be construed by investigating agency in form of any assets or illegal property in name of accused or their family members.
Aim of enactment of MCOCA in Maharashtra was to curb the activities of gangs and their indirect operations from foreign countries e.g. Dubai.
Later on in year 2002 stringent provisions of MCOCA were enacted to curb the Gangsters activities in Delhi also. MCOCA case acquittal- Advocate Ravi Drall Best lawyer in Delhi, Advocate Ravi Drall Best Best lawyer in Tis hazari court, Advocate Ravi Drall Best lawyer in rohini court, Best lawyer in patiala house court.
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Advocate Ravi Drall has represented clients in cases related to Anticipatory, regular Bails, Acquittal, Revisions, Appeals, Writs, PIL’s in cases of MCOCA, Cheating, Fraud, Murder, Attempt to murder, Extortion, Dacoity, Sexual Offences, Suicide, Narcotic and Drugs, Revenue and Customs Criminal Cases, Economic Offences, Arms and Weapons, Matrimonial, Domestic Violence, Constitutional Law, Negligence, and have availed favourable decisions from the courts. It is always advisable to seek for the best professional legal advise in case of criminal law as it involves intricate complexities and a small fact lead to an acquittal.
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