The Bombay High Court has ruled that the detention of individuals under the Maharashtra Control of Organised Crimes Act (MCOCA) cannot be sustained once the competent authority has refused to grant sanction to prosecute them under the said law. This decision was made in the case of Dinesh Ganesh Indre and Others v. State of Maharashtra.
Justice NJ Jamadar, in a single-judge bench, granted bail to four individuals accused under MCOCA, emphasizing that without the sanction of the competent authority, there would effectively be no case under MCOCA. The judge highlighted that if the competent authority does not grant sanction, the provisions of MCOCA cannot be invoked, and thus the extension of time granted by the Special Court would cease to have any effect.
The accused were arrested for conspiring robbery by the Mumbai police in September 2023. Despite the extension of time granted by the Special Court to file the chargesheet, the investigating agency’s request for sanction to prosecute was rejected by the competent authority in December 2023. Consequently, the accused were entitled to seek default bail as the extended period for investigation ended with the rejection of sanction.
Justice Jamadar disagreed with the Magistrate’s decision to reject the accused’s application for default bail, asserting that once sanction to prosecute is denied, MCOCA itself becomes inapplicable. Therefore, the High Court ordered the release of all accused on bail.
This ruling clarifies the legal position regarding the detention of individuals under MCOCA and emphasizes the importance of obtaining sanction from the competent authority to prosecute under the said law. It underscores the principle that deprivation of liberty must be justified by law and highlights the necessity of adherence to legal procedures in cases involving organized crime.
