MCOCA case: Delhi Court refuses to extend period of investigation against Gangster Deepak Boxer

New Delhi [India], July 12 : Delhi's Patiala House Court has refused to extend the period of investigation beyond 90 days in a case against gangster Deepak Pahal alias Boxer. He has been arrayed as an accused in an ongoing case under the Maharashtra Control of Organised Act (MCOCA).

The court said that it is expected in the law that investigating agency would carry out the investigation earnestly without unnecessary delay. Such exercise cannot be taken as a mere formality as it involves the valuable right of liberty of the accused involved.

Special judge Shailendra Malik on Tuesday refused to extend the period of investigation.

He referred to related provisions and said, "Provision has been made to meet those situations where despite making sincere efforts, the nature of the case, facts and evidence is such that investigation is not possible to complete in 90 days."

"In the present case however first of all report of the Public Prosecutor is completely silent about the specific reasons for which judicial detention of the accused is sought to be extended," Special Judge Malik pointed out.

The special judge said that merely mentioning that certain steps taken in the investigation have been left to be incomplete like a certified copy of criminal cases in which accused Deepak Boxer is involved could not be collected or details of Income Tax, his properties etc. could not be collected, cannot be a legal reason for extension of judicial detention of the accused.

"Court of law would not act merely on the dictation of investigating agency," the judge said in the order passed on July 11.

The court also said that the application is also liable to be dismissed on certain other aspects like the way the case diary, in this case, is being maintained, however, this court would refrain from making much observation on the same.

"Consequently finds no merit in the application. Therefore application stands declined", the court said on Tuesday.

The court also directed to send the Copy of this order to Pramod Kumar Kushwaha, Additional CP, as well as to HGS Dhaliwal, Special CP (Special Cell).

The extension of the investigation period was sought on the grounds that a certified copy of several cases registered against the accused is being collected. Application for obtaining certificate copies has already been applied in different courts. Details from the Chief Commissioner of Income Tax, regarding PAN card, ITRs of last 10 years of accused Deepak Pahal are still awaited.

It was stated by Delhi police that efforts were made to collect details of movable/immovable properties of accused Deepak Pahal by illegal means/proceeds of crime. The Financial trail against the accused is being ascertained.

Additional PP filed a report in terms of section 21(2)(b) of the MCOC Act seeking further

extension of judicial detention of the accused from 90 days to 150 days.

It was stated in the application that the present case FIR was registered in respect of an organised crime syndicate led by Jitender alias Gogi.

It was also stated that during the investigation of this case, 15 accused persons were arrested, and a charge sheet has already been filed.

One of the accused namely Deepak Pahal alias Boxer was earlier declared proclaimed offender on December 9, 2020 in this case

Subsequently, he was arrested in another FIR of PS Special Cell. Since said accused Deepak Pahal was also wanted in the present case, he was formally arrested in this case on 15.04.2023, said the report.

It was further stated that since 90 days period of judicial detention of the accused is ending on or before 14.07.2023.

ACP Lalit Mohan Negi appeared through Video Conferencing as well as Addl. PP for the State submitted that although the investigation is almost complete, however certain aspects of the investigation are incomplete, therefore present application has been moved.

On the other hand, Advocate Virender Mual, Counsel for the accused, vehemently opposed the application. He submitted that the grounds taken in the application are vague and unsustainable in law.

It was also submitted that no efforts have been made for collecting the certified copy of judicial orders of criminal cases of the accused/applicant within 90 days.

It was further submitted by Advocate Mual that details regarding the PAN card, ITR, and movable/immovable properties of the accused could have been collected within 90 days.

He also submitted that no Plausible reasons were given in the application. He argued that the valuable right of the accused getting bail would be frustrated.

After hearing the submissions of Delhi police and defence counsel, the court referred to the provision section 21(2), for extension of judicial detention which said, "Provided further that if it is not possible to complete the investigation within the said period of ninety days, the Special Court shall Extend the said period upto one hundred and eighty days, on the report of the Public Prosecutor indicating the progress of the investigation and the specific reasons for the detention of the accused beyond the said period of ninety days."

The court said that from the perusal of the above provision, it is evident that the Public Prosecutor upon being satisfied with the progress of the investigation not like a mouthpiece of investigating agency but rather under the law required to act independently to give a report on two basic aspects.

"One regarding the progress in the investigation, second regarding the specific reasons for extension of judicial detention of accused beyond 90 days", the court noted.

The court observed that these two requirements are essential for the court to extend the judicial detention of the accused. Such exercise cannot be taken as a mere formality as it involves the valuable right of liberty of the accused involved.

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