Gokul Bhagaji Patil vs State Of Maharashtra & Anr

3. The appellant, a former Assistant Commissioner of Police, Mumbai was posted as a senior Police Inspector at Mira Road, Police Station, Thane District, during the period from 2.6.1999 to 13.5.2000.

5. It appears that an inquiry was conducted by the Additional Superintendent of Police, Thane (Rural) in the manner in which investigation in C.R. No. 274 of 1999 was conducted by the appellant and his team, which revealed that although the printing press, situated at Mulund and Bora Bazar, Mumbai, where counterfeit stamps and stamp papers were being printed had been identified but the appellant and his Sub-Inspector Kakade (since dead), incharge of the case, neither sealed the said premises nor seized the machines; they ensured that Abdul Karim Ladsab Telgi (hereinafter referred to as "Telgi"), the Kingpin of the Organised Crime Syndicate and the prime accused was not arrested and remained at large till he was arrested by Karnataka Police and the counterfeit stamps seized in the case were not sent for examination to the Indian Security Press. In nutshell, the allegation against the appellant is that being a public servant he not only rendered help and support in the commission of Organised Crime as defined in clause (e) of Section 2 of MCOCA, he knowingly and intentionally aided and abetted the activities of the Organised Crime Syndicate till 7.6.2002, thereby enabling them to carry on their activities for almost three years. Thus, by helping and facilitating the Organised Crime Syndicate of Telgi in continuing unlawful activities and deliberately abstaining from taking lawful measures under the MCOCA against Telgi and his syndicate, he has committed offences punishable under Sections 3(2) and 24 of the MCOCA.

6. Based on these investigations a case (C.R.No.135 of 2002) was registered against the appellant and some other persons at Bund Garden Police Station, Pune. The appellant, who by then had been promoted as Assistant Commissioner of Police was arrested on 18.10.2003 by the Special Investigation Team, constituted by the State of Maharashtra. Since then he is in judicial custody.

10. Since the provisions of MCOCA have been invoked in the present case, in addition to the basic considerations, namely, the nature and seriousness of the offence; the character of the evidence; reasonable apprehension of witness being tampered with and reasonable possibility of the presence of the accused not being secured at the trial etc; which normally weigh with the courts for granting bail in non-bailable offences, the limitations imposed in sub-section (4) of Section 21 of MCOCA need to be kept in view while deciding whether or not the appellant is entitled to bail.

12. The factors which have weighed with the High Court for rejecting the appellant's plea of innocence and his bail application are; (i) the printing press and other machinery belonging to Telgi was not sealed; (ii) opinion regarding the counterfeit nature of the seized stamps was not obtained from Indian Security Press, Nashik; (iii) instead of granting permission to the police party which had searched the press to go ahead with further investigations, the police party was recalled without effecting the seizure; (iv) though the police officials, including the appellant, were aware of the serious lapses on their part, yet no attempt was made to correct them, with the result that the prime accused Telgi continued his illegal activities between 29.8.1999 to June, 2002; (v) by not arresting the prime accused Telgi, he allowed the Organised Crime Syndicate to continue its activities and

(vi) though he had wide powers to stop the unlawful activities, he did not use them conscienously and in public interest and allowed the Organised Crime Syndicate to continue their activities unhampered and unobstructed.

15. Accordingly, the appeal is allowed and the order passed by the High Court is set aside. It is directed that the appellant shall be enlarged on bail on his furnishing a personal bond in the sum of Rs.2 lakhs with two sureties, each in the like amount to the satisfaction of the Special Court, Pune. He shall also remain bound by all the conditions as stipulated in Section 438(2) of the Criminal Procedure Code, 1973. The appellant shall also surrender his passport, if any, before the Special Court, Pune.

16. Any observation touching the merits of the case against the appellant is tentative, only for the purpose of this appeal, and shall not be construed as an expression of final opinion in the matter.