State Of Maharashtra vs Shiva @Shivaji Ramaji Sonawane & Ors

3. The prosecution case is that the two gangs have over ten years prior to the enactment of MCOCA been involved in commission of several crimes which constitutes “continuing unlawful activity” within the meaning of Section 2(d) of MCOCA. This, according to the prosecution, was evident from the fact that a very large number of charge sheets had been filed against them in which the competent jurisdictional Courts had taken cognizance. To be precise, as many as 42 charge-sheets had been filed against the gang led by Shiva Sonwane, whereas 30 similar charge-sheets were presented against the rival gang led by Mehmood Khan Pathan. What led to the invocation of MCOCA in Criminal Case No.1 of 2002 against the gang led by Shiva Sonwane is an incident that took place on 16th March, 2001 at about 9.15 a.m. when Shiva Sonwane is alleged to have gone to the shop of one Rameshwar Bawankar in which one Sunil Bante PW-8/I was working as an employee. Respondent- Shiva and his companion gangsters are alleged to have beaten up Sunil Bante and set the shop on fire resulting in a loss of 1.5 lacs to the owner. Crime No.37 of 2001 for several offences punishable under the Indian Penal Code and the Arms Act was registered with the police station Khaparkheda, in connection with the incident.

4. So also MCOCA was invoked against respondents Mehmood Khan Pathan, Sanjay Girhe and Samad Pathan on the basis and in connection with Crime Case No.38 of 2001 registered at police station Khaparkheda for offences punishable under the I.P.C. and the Arms Act. Interestingly, this crime (Criminal Case No.38 of 2001) was registered on a complaint made by Shiva Sonwane the rival gangster in which the latter alleged that on 16th March, 2001 the accused had barged into the complainant’s house, demanded a gold chain, beat up the complainant’s father and set the house on fire.

6. In Crime Case No.2 of 2001 also under MCOCA a similar version has been put forth by the prosecution. The proposal for invoking MCOCA was moved even in that case by PI Abdul Razzak resulting in grant of approval for invocation and registration of information under Section 3(i)(ii) read with Section 3(4) of MCOCA. According to the prosecution, investigation into the cases was entrusted to Deputy Superintendent of Police examined as PW-16 in Criminal Case No.1 of 2001 and PW-20 in Criminal Case No.2 of 2001. According to this witness, investigation in both the cases was made over to him on 21st March, 2001 when Shiva was in jail. The custody of accused Shiva was secured by him in terms of a production warrant on 28th March, 2001 and his house searched on 10th April, 2001 leading to the seizure of a sword. As regards respondent Mehmood Khan Pathan, he was arrested on 8th May, 2001 and his house searched on 30th May, 2001 resulting in the recovery of a sword and a ‘Hattimar’ knife which was seized. After completion of investigation in both the crimes, the Deputy Superintendent of police filed two separate and independent charge sheets one each against the two gangs for offences punishable under Section 3(i)(ii) of the MCOCA and Section 4 read with Section 25 of the Arms Act.

11. These appeals accordingly fail and are hereby dismissed.

Date : 24/07/2015 These appeals were called on for pronouncement of JUDGMENT today.

For Appellant(s) Mr. Nishant Ramakantrao Katneshwarkar,Adv.

Mr. Ravindra Keshavrao Adsure,Adv.

Hon'ble Mr. Justice T.S. Thakur pronounced the judgment of the Bench comprising His Lordship and Hon'ble Mrs. Justice R. Banumathi.

The appeals are dismissed in terms of the Signed Reportable Judgment.

(Signed Reportable judgment is placed on the file)