Maharashtra Control of Organized Crime Act, 1999 :
ss. 3 and 24 read with ss. 2(d), 2(e), 2(1), and s. 21(4)-Interpretation
of-Printing of counterfeit stamps-Accused arrested-During investigation, a police officer also arrested on ground of rendition of help and support to
organized crime syndicate-Application for bail by police officer-Held,
provisions of the Act must receive a strict construction so as to pass the test
of reasonableness- s. 21(4) must be construed reasonably so that the court is
able to maintain a delicate balance between a judgement of acquittal and conviction and an order granting bail much before commencement of trial Prima fasie s. 3(2) is not attracted-Order granting interim bail to continue-Penal Code-ss. 107 and 108-Constitution of India-Article 21.
Evidence-Brain mapping test report-Admissibility of
Words and Phrases :
Expressions, 'abet', and 'conspiracy '-Meaning of in the context of the
Maharashtra Control of Organised Crime Act, 1999 : case of printing counterfeit stamps and forgery in various States including the State of Maharashtra was unearthed and fake stamp papers
worth lacs of rupees were recovered during appellant's tenure as
Commissioner of Police, Pune. One 'T' was arrested and a case initially
under various sections of Penal Code was registered. Later, s. 3 of the
Maharashtra Control of Organised Crime Act, 1999 was invoked. During
investigation, the appellant was arrested on the alleged ground of rendition of help and support to organized crime syndicate by acts of omission and
commission, i.e. rendering help or support to a police officer through
another police officer, both of whom were co-accused in the case. His bail
application was rejected by the Special Judge as also by the High Court. Aggrieved, the accused filed the present appeal.