Supreme Court of India · 2015-07-24
State Of Maharashtra vs Shiva @Shivaji Ramaji Sonawane & Ors
- Citation / case number
- AIR 2015 SUPREME COURT 2947
- Court
- Supreme Court of India
- Petitioner
- State Of Maharashtra
- Respondent
- Shiva @Shivaji Ramaji Sonawane & Ors
- Author
- T.S. Thakur
- Bench
- R. Banumathi, T.S. Thakur
Judgment text excerpt
The Supreme Court upheld the High Court's decision to acquit the respondents of charges under the Maharashtra Control of Organised Crime Act, 1999 (MCOCA), emphasizing that mere filing of charge sheets is insufficient to establish guilt under Section 3 of MCOCA. The Court reiterated that it is essential to prove 'continuing unlawful activities' involving threats or coercion for pecuniary gain, as mandated by Section 2(d) and Section 23 of MCOCA. The Court affirmed that the competent authority must apply its mind to the facts before sanctioning prosecution, which was not done in this case, leading to the acquittal of the respondents.