No coercive action against drug-dealer accused under MCOCA, rules Delhi HC

On August 25, the joint commissioner of police (western range), Delhi, approved the invocation of sections 3 and 4 of the MCOCA against the accused

The Delhi High Court has restrained the Delhi Police from taking coercive action against accused charged under the Maharashtra Control of Organised Crime Act (MCOCA), in a case dating to March, over the alleged involvement of the accused in an organised network for the sale and distribution of heroin.

The matter will be next heard on December 2. (HT Archive)

A bench of justice Sanjeev Narula passed the order on Tuesday after the counsels for the accused, Rahul Sharma and Kundan Kumar, contended that the essential requirement of “continuing unlawful activity” for invoking MCOCA was not met, as the FIRs relied upon by the approving authority contained no allegations indicating the existence of an organised crime syndicate. The counsels further asserted that the very basis for invoking the provisions of the Act stood vitiated.

In the present case, a woman, Kusum, and her associates--including Amit, who challenged the invocation of the MCOCA--were booked in March under multiple provisions of the Bharatiya Nyaya Sanhita, including Section 111 (organised crime), and the Narcotic Drugs and Psychotropic Substances Act and Drugs and Cosmetics Act, for allegedly running an organised operation to sell and distribute heroin in collaboration with her family members and hired associates. The police alleged that they seized 385.53 grams of heroin, along with 47.09 of tramadol.

Amit was arrested in March but was granted bail on May 26.

On August 25, the joint commissioner of police (western range), Delhi, approved the invocation of sections 3 and 4 of the MCOCA against the woman and her associates, and others identified during the investigation, noting that she was not only allegedly involved in offences, such as robbery, drug peddling, attempted murder, and extortion, but was also engaged in organised criminal activities for pecuniary gain as part of a crime syndicate.

However, the accused later challenged the approval order and urged the court to quash the MCOCA case.

In his petition, Amit also contended that the provisions of MCOCA had been invoked with malicious intent to settle scores, and that the approval order was passed without due application of mind.

Considering the contentions, the court issued notice and directed the police not to take coercive action against the accused.

“Issue notice. In the meantime, no coercive action shall be taken against the petitioner under section 3 and 4 of MCOCA,” the court said in the order.

The matter will be next heard on December 2.