S.B. Sinha JUDGMENT
S.B. Sinha, J.
1. Leave granted.
2. Interpretation and application of the Maharashtra Control of Organized Crime Act, 1999 (for short 'MCOCA') is involved in this appeal which arises out of a judgment and order dated 16th July, 2004 passed by a learned Single Judge of the Bombay High Court in Criminal Application No. 572/2004 refusing bail to the Appellant herein.
3. The Appellant is a former Commissioner of Police. He was posted in the city of Pune in the said capacity between 30th April, 2000 and 31st December, 2000. He was appointed Commissioner of Police, Mumbai on or about 1st January, 2003. Allegedly, he was so posted upon super cession of a few officers. A disciplinary proceeding was initiated against him on 25.11.2003 but without taking any further action thereupon, he was allowed to superannuate on 30.11.2003.
4. One Abdul Karim Ladsab Telgi (hereinafter referred to as 'Telgi') was arrested and proceeded against for alleged commission of offence of printing counterfeit stamps and forgery in various States including the State of Maharashtra. He was lodged in Bangalore Jail since November, 2001.
5. During the Appellant's tenure as Commissioner of Police, Pune, fake stamp papers worth Rs. 2.98 lacs were seized whereupon a first information report bearing C.R. No. 135 of 2002 came to be registered at Bund Garden Police Station, Pune under Sections 120B, 255, 249, 260, 263(a) and (b), 478, 472 and 474 read with Section 34 of the IPC. The said offence was being investigated by one Mr. Deshmukh but having regard to the magnitude thereof, three teams lead by one Mr. S.M. Mushrif, Addl. Commissioner of Police (Crime) were formed. The said Mr. Mushrif is said to be a brother of a Minister of the Government of Maharashtra. On or about 16.07.2002, however a proposal was mooted to invoke Section 3 of the MCOCA and upon obtaining the opinion of Senior Public Prosecutor therefore, the same was invoked.
6. One Mr. Mulani, Assistant Commissioner of Police (Crime Branch) had been included in the field work team along with other officers in connection with the investigation of the said crime. Overall supervision of the said crime, however, was entrusted to one Mr. Maheshgauri, Joint Commissioner of Police.
7. On the ground of alleged involvement in the aforementioned case, the Appellant was arrested on 1.12.........