Two men, facing trial for alleged offences under the stringent Maharashtra Control of Organised Crime Act (MCOCA), have been acquitted by a Delhi court which said the charges have not been proven and the police had given sanction for prosecution "without application of mind".
Two men, facing trial for alleged offences under the stringent Maharashtra Control of Organised Crime Act (MCOCA), have been acquitted by a Delhi court which said the charges have not been proven and the police had given sanction for prosecution “without application of mind”.
The court said the approval for lodging a case and the sanction to prosecute them given by Joint Commissioner of Delhi Police under the MCOCA for the offence of organised crime syndicate was “not just and proper” and the ingredients of offences for which the accused were charged have not been proven by the prosecution.
The court acquitted central Delhi residents and brothers — Mohd Shadab and Mohd Wasi, saying the evidence showed that they had only committed thefts individually or jointly but did not commit more than one offence involving violence for pecuniary gains.
“It cannot be said that either of them were jointly or individually doing criminal activities of organised crime or that the criminal activities of organised crime were done by them on behalf of organised crime syndicate.
“Therefore, it is inescapable conclusion that the sanction order suffers from incurable defects and hence, is not proper,” Additional Sessions Judge Chandra Shekhar said.
The court said the order of sanction to prosecute the two men was given by Joint Commissioner of Police of Northern Range in a “mechanical way without application of mind”.
The prosecution had alleged that Shadab and his elder brother Wasi were high-profile burglars having an organised crime syndicate. They used to commit offences with the help of their accomplices by using violence or coercion and other unlawful means to gain pecuniary benefits.
It had also alleged that they had no lawful sources of income and earned only through their criminal activities. Shadab was involved in 24 criminal cases, in six of which Wasi was also involved, police alleged, adding that apart from them, Wasi was also accused in 29 other criminal cases.
During trial, both the accused, represented by advocate Dinesh Sharma, claimed they were falsely implicated. Sharma argued that the prosecution’s case was not proved beyond reasonable doubt and his clients be acquitted.