HC upholds pressing of MCOCA against accused in gambling case

Observing that gambling often has

a connection with organised crime, the Bombay High Court has upheld invocation of the stringent Maharashtra Control of Organised Crime Act (MCOCA) against some persons who were arrested during a raid on a gambling den.

In a ruling passed on Tuesday, a bench of Chief Justice B P Dharmadhikari and N R Borkar said the police could very well invoke MCOCA in such cases if one or more accused had faced cognisable offences with a punishment of imprisonment of three years or more in the past.

When a police team raided a gambling den allegedly run by Salim Mullah in Kolhapur district of western Maharashtra in April 2019, his wife and aides allegedly attacked them, injuring several police personnel.

 

During the probe, the police realised that under the garb of gambling den, the co-accused were aiding Mullah in running an organised crime syndicate.

Mullah also had chargesheets filed against him in cases such as dacoity, extortion and betting.

The police invoked MCOCA -- under which it is difficult to obtain bail -- besides IPC sections aginst them.

Twelve of the accused moved the court challenging the invocation of MCOCA, denying that they were part of an organised crime syndicate which the Act requires.

The police could have at the most pressed the Maharashtra Prevention of Gambling Act under which the maximum punishment is two years, the petitioners said.

The High Court, however, took note of the allegation that the accused helped Mullah in illegal transfer of money as well as in his betting operations and other organised crime rackets.

While gambling itself might not be an organised crime, "it was very likely that it intersected with organised crime and aided organized crime syndicates in their activities", the court said.

Whether the petitioners were part of a crime syndicate can be decided by the MCOCA court during trial, it said.

"Though the gambling by itself may not be an organized crime, however, an organized crime syndicate may take recourse to it as one of its profit making ventures. It may support in contract killing, abduction or dacoity or other similar offences along with gambling," the court said.

"If the existence of an organized crime syndicate comes to the knowledge of State while conducting raid on a gambling establishment and the investigation shows previous two or more charge-sheets for cognizable offences punishable with imprisonment of three or more years, the police may take recourse to the MCOC Act," the HC said, dismissing all 12 petitions.