New Delhi, Jun 2 A Delhi court on Tuesday discharged four persons, including the alleged kingpin of a robbery-and-snatching syndicate, who were charged under the Maharashtra Control of Organised Crime Act (MCOCA), saying the prosecution had failed to establish the essential ingredients required to invoke the stringent law.
Additional Sessions Judge Sameer Bajpai was hearing a case registered by the Crime Branch against alleged syndicate kingpin Vikram, his brother Sanoj, Surjeet Singh and Kiran. The proceedings against another accused, jeweller Shikhar Chand, had abated following his death.
In his order, the judge said, "The court concludes that the offences under which the accused persons have been chargesheeted are not made out against them and as such, there is not sufficient ground for proceeding against them. Accordingly, all the accused persons are discharged."
The prosecution had accused Vikram of heading an organised crime syndicate involved in robberies, snatchings and other offences across Delhi and neighbouring states.
It had alleged that several criminal cases were registered against the accused over the years and that Kiran, Vikram's wife, had acquired properties using proceeds generated through the syndicate's activities.
The court, however, held that merely showing multiple criminal cases and chargesheets against the accused was insufficient to attract MCOCA provisions.
"The very fact that more than one chargesheet had been filed against the respondents alleging offences punishable with more than three years imprisonment is not enough," it said.
The judge said although the accused had common involvement in several cases and could be inferred to be working together as a syndicate, the prosecution had failed to show any substantive offence in which the MCOCA could validly be invoked.
"There has to be a continuing unlawful activity on the part of the accused persons or the members of the syndicate and that activity would be only when the syndicate commits any offence, on which the provisions of MCOCA can be invoked," the court said.
It added that the investigating agency had not produced proof showing that syndicate funds were used to acquire the properties and concluded that there was insufficient material to proceed against Kiran.
Holding that the offences alleged under MCOCA sections 3 (punishment for organised crime), 4 (punishment for possessing unaccountable wealth) and 3(5) (holding illicit property/funds) were not made out, the court discharged all the accused persons from the case.
