Mumbai: Bombay HC recently held that a nine-year delay in invoking Maharashtra Control of Organised Crime Act (MCOCA) in an alleged extortion FIR lodged in 2013 was by itself not a reason to quash criminal proceedings when the delay is reasonably explained. It dismissed a quashing plea filed in 2024 by two accused who challenged MCOCA’s invocation in 2022.The bench of Justices A S Gadkari and R R Bhonsale said there was prima facie case against the duo—Rajan Sujanani (75) and Kishore Vatnani (63)—and the belated application of MCOCA was explained by fear and intimidation caused by gangster Ravi Pujari in an alleged threat call made on Sept 3, 2013, to a business owner.The FIR was filed by Juhu police over a Powai land ownership and development rights dispute between builders. Call transcripts show that the threat call was allegedly made at the behest of the accused duo, noted HC.Sujanani and Vatnani, through senior counsel Amit Desai, argued that a civil property dispute was being given a criminal colour. HC said civil disputes do not preclude criminal prosecution if criminal ingredients are present. Desai also argued that prior sanction mandated under MCOCA for prosecution was faulty as it didn’t factor in a Nov 2015 closure report. The bench said the validity of prior sanction under MCOCA can be challenged at trial as HC’s role at the quashing stage is only to see if prima facie case exists and not to conduct a mini trial.HC on June 9, however, held that a third accused, Mangesh Sawant (64), was roped in on mere suspicion and quashed the MCOCA case against him. Sawant, who had petitioned HC in 2023 and was represented by advocate Mutahhar Khan, said a perusal of the alleged extortion call transcripts does not reflect his name and, hence, doesn’t establish any case. HC agreed.Opposing both petitions, additional public prosecutor Ashish Satpute said the business owner had filed a protest petition against the closure report in 2017.Pujari was extradited to India from Dakar, Senegal, in Feb 2020 and Esplanade court allowed the protest petition in Dec 2021, after which witness statements were recorded alleging organised crime and prior approval for MCOCA was granted sanction.HC expressed satisfaction with the explanation for the delay in invoking MCOCA. It said witnesses, citing fear of Pujari, never mentioned details before his arrest and found the “courage” to do so only after his arrest. “…the explanation for the delay is reasonable, plausible and reflects the conduct of a common and ordinary person,” it said.HC said a perusal of the Sept 12, 2022, prior approval for MCOCA shows Pujari as an organised crime syndicate leader and in the preceding 10 years, more than one chargesheet for offences attracting over three years of imprisonment were filed against him. The special law, MCOCA, requires three such prior cases against an accused.
