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july 2015

Supreme Court of India · 2015-07-24

STATE OF MAHARASHTRA vs SHIVA @SHIVAJI RAMAJI SONAWANE .

Citation / case number
SC 2009/4765
Court
Supreme Court of India
Petitioner
STATE OF MAHARASHTRA
Respondent
SHIVA @SHIVAJI RAMAJI SONAWANE .
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 the prosecution must prove 'continuing unlawful activities' involving threats or coercion for pecuniary gain, as mandated by Section 23 of MCOCA. Consequently, the Court affirmed the High Court's finding that the competent authority failed to apply its mind properly, rendering the charges legally unsustainable.

STATE OF MAHARASHTRA vs SHIVA @SHIVAJI RAMAJI SONAWANE . · Niyam