Shyam C. Chandak JUDGMENT
A.S. Gadkari, J.
1. The aforenoted Appeals are filed under Section 12 of the Maharashtra Control of Organised Crime Act, 1999 (for short, "the said Act") impugning the Orders dated 6th March, 2023 passed below Exhibit Nos.140 and 133 respectively, in Special Case No.909 of 2020, by the learned Special Judge, City Civil and Sessions Court, Greater Mumbai, rejecting their Applications for dropping the charges/provisions of theM.C.O.C. Act from the said case.
1.1. Appellants in Appeal No.472 of 2023 are original accused Nos.5 and 6 and Appellant in Appeal No.523 of 2023 is original accused No.4 in Special Case No.909 of 2020. The said Sessions case arises out ofcrime bearing No.RC-02/2019/NIA/MUM registered with the National Investigating Agency i.e. the Respondent No.1 herein and originally registered as C.R. No.19 of 2019 with Purada Police Station, District Gadchiroli dated 2nd May, 2019.
1.2. Appellants are being prosecuted for the offences punishable under Sections 302, 353, 427, 120-B, 121, 121A, 147, 148 and 149 of the Indian Penal Code, 1860 along with Sections 3, 4 and 5 of the Explosive Substances Act, Sections 16, 17, 18, 18B, 20, 38, 39 and 40 of the Unlawful Activities (Prevention) Act, 1967 and Sections 3(1)(i)(ii), 3(2) and 3(4) of the M.C.O.C. Act.
1.3. Record indicates that, a crime bearing No.19 of 2019 was registered with Purada Police Station, Gadchiroli on 2nd May, 2019, for an incident occurred on 1st May, 2019. Taking into consideration the gravity of the offence, the Government appointed Respondent No.1 as its investigating agency. After completion of investigation, charge-sheet was filed on 4th De........