Delhi High Court Dismisses Petitioner's Plea for Protection in Organised Crime Case

Court Denies Bail, Directs Accused to Surrender; Highlights Abuse of Transit Bail Provisions

In a significant ruling, the Delhi High Court dismissed the plea of Arka Bhattacharya, who sought protection from arrest in a high-profile organised crime case involving large-scale vehicle thefts. The judgment, delivered by Dr. Swarana Kanta Sharma, J., highlights the misuse of transit bail provisions and underscores the seriousness of the allegations against the accused.

The case revolves around the theft and resale of stolen vehicles, with the petitioner, a second-hand car dealer from Kolkata, allegedly involved in the syndicate. The syndicate is reportedly orchestrated by Khwaja Shariq Hussain, alias Sharik, operating from Dubai. The court observed substantial evidence, including recovered stolen vehicles, witness statements, forensic reports, and financial transactions, indicating Bhattacharya's involvement.

The petitioner was previously granted transit interim bail by the ACJM in Kolkata, with directions to appear before the Delhi court. However, repeated extensions of this bail were sought, which the High Court deemed improper, emphasizing that transit bail is temporary and meant to facilitate the accused's approach to the competent court.

Judge Sharma clarified that the essence of transit bail lies in its temporary nature, designed to protect the applicant from immediate arrest, allowing them to seek appropriate relief from a court with proper jurisdiction. The court noted that once the purpose of transit bail is fulfilled, the jurisdiction of the granting court ceases.

Despite the petitioner's claims of false implication and health issues, the court found no grounds to grant anticipatory bail, citing express prohibition under the Maharashtra Control of Organised Crime Act (MCOCA) unless no prima facie case exists. The court directed Bhattacharya to surrender within a week, failing which the state is authorized to secure his custody.

This ruling not only highlights the judicial interpretation of transit bail but also sets a precedent in handling cases involving organized crime syndicates and the scope of bail provisions under MCOCA.

Bottom Line:

MCOCA and Transit Bail - Scope of transit bail is temporary and facilitative; it does not confer continuing protection or adjudicate on merits of allegations. Transit bail is meant to ensure liberty while the accused approaches the competent court. Repeated extensions of transit bail without surrendering before the jurisdictional court constitute an abuse of judicial process.

Statutory provision(s): Maharashtra Control of Organised Crime Act, 1999 Sections 3, 4, 21(3); Indian Penal Code, 1860 Sections 379, 401, 468, 471, 120B; Criminal Procedure Code, 1973 Sections 75, 78(2).

Arka Bhattacharya v. State, (Delhi) : Law Finder Doc Id # 2805741