Supreme Court of India
State of Maharashtra v. Bharat Shanti Lal Shah & Ors.
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11 Supreme Court benches have cited this judgment.
What the Court ordered
In view of the aforesaid discussions, we allow the appeals of the State Government, insofar as the constitutional validity of Sections 13 to 16 of MCOCA is concerned. We uphold the validity of the said provisions. The decision of the High Court striking down the words "or under any other Act" from sub-Section (5) of Section 21 of the Act is however upheld. The parties to bear their own cost.
Judgment, para 50
In brief
Respondent Nos. 2 and 3 were arrested and cases were registered against them under the Maharashtra Control of Organised Crime Act, 1999 (MCOCA), a State enactment which had received the President's assent on 24.04.1999 and which, among other things, empowers a designated competent authority to authorise interception of wire, electronic or oral communication (Sections 13 to 16) for preventing organised crime or collecting evidence of it, and which by Section 21(5) bars bail to an accused who was on bail in an offence 'under this Act, or under any other Act' on the date of the offence in question.…
Authorities it was built on
- 1994 Kartar Singh v. State of Punjab
- 1954 Navinchandra Mafatlal v. The Commissioner of Income-tax, Bombay City
- 2005 State of Gujarat v. Mirzapur Moti Kureshi Kassab Jamat and Ors.
- 1972 R. M. Malkani v. State of Maharashtra
- 1975 Govind v. State of Madhya Pradesh & Anr.
- 1996 People's Union for Civil Liberties {pucl) v. Union of India and Anr.
- 1996 State of Bihar and Ors v. Bihar Distillery Ltd. Etc.
- 2007 Greater Bombay Co-op. Bank Ltd. v. M/s United Yarn Tex. Pvt. Ltd. & Ors.
Where later benches applied it
- 2022 The State of Gujarat v. Sandip Omprakash Gupta
- 2022 Jigar @ Jimmy Pravinchandra Adatiya v. State of Gujarat
- 2020 Vinodchandra Sakarlal Kapadia v. State of Gujarat and Ors.
- 2018 Justice K. S. Puttaswamy (retd.) v. Union of India & Ors.
- 2015 Prasad Shrikant Purohit v. State of Maharashtra & Anr
- 2013 Thalappalam Ser. Coop. Bank Ltd. and Ors. v. State of Kerala and Ors.
- 2024 Mineral Area Development Authority & Anr. v. M/s Steel Authority of India & Anr. Etc.
- 2022 Vijay Madanlal Choudhary & Ors. v. Union of India & Ors.
- 2017 State (nct of Delhi) v. Brijesh Singh @ Arun Kumar and Anr.
- 2017 Justice K S Puttaswamy (retd.), and Anr. v. Union of India and Ors.
- 2011 Banatwala & Company v. L.L.C. of India & Anr.
Of those, 6 relied on · 5 referred to
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