FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 3073 OF 2008 (THE STATE OF MAHARASHTRA V/S.MUKUND KANHAIALAL PATEL & 2 ORS.) ___________________________________________________________ Office Notes, Office Memoranda of Coram, apperances, Court's orders or Court's or Judge's directions and Registrar's orders orders ___________________________________________________________ Mrs.A.A.Mane, APP for State/respondent. Mr.Pankaj Kavale, adv.for respondent no.2. CORAM: SMT.R.P.SONDURBALDOTA, J. DATED: 18TH FEBRUARY, 2009. P.C. : 1. Heard counsel for both sides. 2. The State challenges correctness and legality of the order dated 16th October, 2007 by which the learned Special Judge to try cases under MCOC Act, 1999 transferred MCOC Special Cae No.21 of 2005 along with MCOC Special Case No.21-A/2005 to the Special court constituted under the MCOC Act at Thane which according to him has territorial jurisdiction to deal with the cases. Perusal of the impugned order shows that the learned Special P.P. appearing for the State had conceded before the learned Sessions Judge that, though the case of the prosecution was of conspiracy and that the conspiracy was hatched in Brihanmumbai, there was no material in the charge-sheet to support that. Whatever conspiracy manifested from the charge-sheet had taken place outside Brihanmumbai. In view of this concession, the State ought not to have preferred this Criminal Application. The Criminal Application is hereby dismissed. (JUDGE)