Dismissed
Vijay Swaroopchand Gothi v. the Special Inspector General of Police and Anr.
Bombay HCWP/2667/2004
Case brief
from the order text
What is this about?
455 (5,00,000)-11.2001)…
What the court decided
AI extract
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(G.C.P.)J 455 (5,00,000)-11.2001) Spl-H.C.,A.S.,C.D.,78e
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
APPELLATE SIDE
CRIMINAL WRIT PETITION NO.2667 OF 2004
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Office Notes, Office Memoranda Court’s or Judge’s orders
of Coram, appearances, Court’s
order or directions and
Registrar’s order.
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Shri M.S.Mohite for the petitioner.
Shri V.A.Thorat, Advocate General with Shri
D.S.Mhaispurkar, APP for respondents.
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CORAM: R.M.S.KHANDEPARKAR
&
P.V.KAKADE, JJ
DATED: 17th February, 2005.
P.C.
. We have perused the copies of the
materials collected against the petitioner
in the course of investigation carried out
by the investigating agency at Karveer
Police Station, Kolhapur, in relation to the
C.R.No.39 of 2004 registered at Karveer
Police Station, Kolhapur. After hearing the
parties, the learned APP, on taking
instructions, has stated that based on the
materials so far collected and which are
disclosed to the Court, the respondents do
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not intend to apply the provisions of
Maharashtra Control of Organised Crime Act,
1999 (MCOC Act) to the petitioner, unless
and until further materials disclosing the
link of the petitioner in the illegal
activities relating to the adulteration of
petroleum products are revealed to the
respondents.
2. Perusal of the records in relation
to the materials stated to have been
collected against the petitioner in the
course of investigation in relation to the
C.R.No.39 of 2004 registered at Karveer
Police Station, Kolhapur, apparently does
not disclose any material showing
involvement of the petitioner in any
activities of adulteration of petroleum
products, and the investigation merely
reveals the purchase and selling of the
bleaching powder or bleaching earth by the
petitioner. Being so, while accepting the
said statement made by the learned APP on
behalf of the respondents, the learned
Advocate for the petitioner has fairly
stated that, in the circumstances, the
petitioner does not press for any relief in
the matter. The learned APP at the same
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time has stated that the petitioner would be
required for interrogation for which the
learned Advocate for the petitioner submits
that the petitioner shall render necessary
co-operation to the police authority in that
regard whenever required by the
investigating agency and has further pointed
out that the conditions in that regard have
already been imposed on the petitioner while
granting the anticipatory bail in his
favour.
3. In the facts and circumstances of
the case, nothing survives in the matter,
and therefore, while accepting the said
statement made by the learned APP on behalf
of the respondents, the petition is disposed
of as not pressed for.
(R.M.S.KHANDEPARKAR, J )
(P.V.KAKADE, J )
1 provisions across 1 enactments
Petitioner
State
R.M.S.KHANDEPARKAR
P.V.KAKADE
As recorded by the court registry
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