NDLI: Zakir Abdul Mirajkar Vs. The State of Maharashtra & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	395 323 and 427 – Maharashtra Prevention of Gambling Act 1887 – s. 4 and 5 –Maharashtra Prohibition Act 1949 – s.65(e) 18 23 and 427 – Penal Code 1860 – ss. 143 1999 – ss.2(1)(f) Maharashtra Control of Organized Crime Act 3(4) 3(5) 307 109 3(2) 3(1)(ii) 149 324 147 332 353 155
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9 Referred Case 10 Referred Case 11
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Maharashtra Control of Organized Crime Act,1999 – ss.2(1)(f), 3(1)(ii), 3(2), 3(4), 3(5), 18, 23 and 427 – Penal Code 1860 – ss. 143, 147, 149, 395, 307, 353, 332, 155, 109, 324, 323 and 427 – Maharashtra Prevention of Gambling Act 1887 – s. 4 and 5 –Maharashtra Prohibition Act 1949 – s.65(e) – Bombay Police Act 1951 – s. 37 – Interpretation of the provisions of s.18 MCOCA – Case of the prosecution was that the appellants are members of an organized crime syndicate which has engaged in systematic course of activities for cheating members of public by conducting the ‘Mumbai Matka’ (Gambling den) – Police personnel raided one of the Matka den – FIR was registered on the basis of a complaint made by one of the members of raiding party – During the course of investigation, the Additional Superintended of Police recorded the confession made by many of the accused including the appellants – The competent authority sanctioned the prosecution of the appellants for the offences under the MCOCA – Appellants and other accused were arrested – The appellants instituted writ petition before the High Court for quashing of the FIR, which was dismissed by the High Court – On appeal, the appellant submitted that : (i) Confession recorded by an Additional Superintended of Police (Addl. SP) u/s 18 MCOCA cannot be proved against the accused (As s.18(1) provides for, confession made by a police officer “not below the rank of the superintendent of Police” shall be admissible in trial) and (ii) The provisions of MCOCA have not been validly invoked – Held:– (i) The expression “rank” must be understood as a class or category which encompasses multiple posts – The posts of SP, Addl. SP ,and DCP all fall within the same rank – (ii) The approval order under s.23(1)(a) MCOCA is with respect to the offence and not the offender – Though illegal gambling is not an organized crime but it may be route through which the accused were abetting the commission of organized crime, therefore the appellants may be charged with some offences punishable under MCOCA in relation to the charge of illegal gambling – Further, more than one chargesheet is not required to be filed with respect to each accused
Judge	Hon'ble Dr. Justice D.Y. Chandrachud
Neutral Citation	2022 INSC 855
Petitioner	Zakir Abdul Mirajkar
Respondent	The State Of Maharashtra & Ors.
SCR	[2022] 9 S.C.R. 150
Judgement Date	2022-08-24
Case Number	1125

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Zakir Abdul Mirajkar Vs. The State of Maharashtra & Ors.

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Zakir Abdul Mirajkar Vs. The State of Maharashtra & Ors.

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