NDLI: The State of Maharashtra Vs. Pankaj Jagshi Gangar

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Maharashtra Control of Organised Crime Act IPC
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Indian Penal Code (45 of 1860)
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Penal Code, 1860 – ss.384,386,387 r/w. s.34 – Maharashtra Control of Organised Crime Act, 1999 – s.23(1)(a) and s.21(4) – Prosecution case that there was a organized crime by one international gangster and it was also found that from time to time, the respondent was paying the amount to such organized crime syndicate and other gangs which they used to use the said amount for taking help of other members by paying amount to them and it was also found that the respondent was running the Matka business – After investigation a charge sheet was submitted under the provisions of the IPC as well as under the Maharashtra Control of Organised Crime Act, 1999 (MCOCA) – The respondent-accused filed the bail application before the Special Judge, which was rejected – The Single Judge of the High Court was also not inclined to grant any relief to the respondent and the application was withdrawn – Thereafter, the accused filed writ petition before the Division Bench of the High Court and sought to strike down s. 23(1)(a) and s.21(4) of the MCOCA, as the said provisions were unconstitutional and violative of Arts.14 and 21 of the Constitution – The Division Bench of the High Court observed that the order passed by the Additional Commissioner of Police granting approval for invocation of the provisions of the MCOCA suffers from non application of mind and granted interim relief to the respondent by releasing the him on bail – On appeal, held: The High Court has not at all considered the seriousness of the offences alleged against the accused – After the investigation it was found that the respondent- accused is running the Matka business; is providing funds to a international gangster and his gangs; that the accused is arranging funds for the expenses of purchasing weapons, information and he is active member of organized crime syndicate – High Court has not considered the allegations with respect to other offences underthe IPC – High Court acquitted the accused for the offence under the MCOCA at the interim relief stage and granted the final relief at the interim stage exonerating the respondent from MCOCA, which is wholly impermissible – This can be said to be forum shopping by the accused which is highly deprecated and which cannot be approved – Therefore, the impugned order passed by the Division Bench of the High Court is quashed and set aside – Respondent- accused directed to surrender and face trial.
Judge	Hon'ble Mr. Justice M.R. Shah
Neutral Citation	2021 INSC 824
Petitioner	The State Of Maharashtra
Respondent	Pankaj Jagshi Gangar
SCR	[2021] 9 S.C.R. 307
Judgement Date	2021-12-03
Case Number	1493

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
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9	IDR Setup or Support	Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops	idr@ndl.gov.in

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