On the statement made by Ranjit Pandurang Desai, Nayab Tehsildar, Karveer Taluka, a case was registered at Karveer Police Station, Kolhapur, being C.R. No.
On 6th June, 2004 the Deputy Commissioner of Police Enforcement , Crime Branch, Mumbai alongwith other officers, including the District Supply Officer, Kolhapur, Nayab Tehsildar, Taluka Karveer, Distt.
The Writ Petition filed by Vijay Nagpal was allowed while the others were directed to surrender before the Police on or before 20th August 2004.
The said two writ petitions were heard by the High Court along with Writ Petition No.
As far as Special Leave Petition Crl.
2562 of 2004 filed by the accused, Deepak Dwarkadas Mundado, on 2nd February, 2005.
While rejecting the petitioners prayer for bail, the High Court observed that on the basis of the medical report, numbercase had been made out for enlarging the petitioner on bail.
On an application made by the prosecution for police custody of the accused persons, the Fast Track Court, Kolhapur, by its order dated 25th May, 2004 remanded the accused persons to police custody from judicial custody.
By judgment dated 11th March, 2005, Bombay High Court allowed the writ petitions filed by Lalit Nagpal and Anil Nagpal upon holding that having regard to the provisions of the Essential Commodities Act, 1955 and the Essential Commodities Special Provisions Act, 1981, the provisions of MCOCA would have numberapplication to the cases against the petitioners.
Nos.3320 21 of 2005 against the said judgment of the Bombay High Court.
44 of 2005 in the High Court challenging the approval order dated 31st October 2004 passed under Section 23 1 a of the Maharashtra Control of Organized Crime Act, 1999 hereinafter referred to as MCOCA Accused Chetan Mehta also filed a writ petition, being No.
However, the prayer as regards shifting the applicant to a particular hospital would have to be companysidered on its own merits.
The second anticipatory bail application filed by Anil Nagpal, Chetan Mehta and Lalit Nagpal by way of three separate Writ Petitions were rejected by the High Court.
The petitioner challenged the order of the Sessions Court in the Bombay High Court which once again dismissed the petitioners prayer for grant of bail on the ground that the circumstances had number changed except that the prayer for enlarging the petitioner on had been made bail on medical grounds.
On 20th May 2004, on the orders of the Director General of Police, the investigation into the alleged offence was transferred to CB Control , Crime Branch, Worli, Mumbai.
As will be seen from the records, the petitioner had earlier applied for grant of anticipatory bail which was rejected by the Bombay High Court.
The said Anil Nagpal, Lalit Nagpal and Chetan Mehta thus filed Special Leave Petitions against the order of the Bombay High Court and renewed their prayer for anticipatory bail before this Court.
This Court also initially directed that the applicants be number arrested and directed them to attend the Police Station every day.
Subsequently, however, on 14th December, 2004 the Special Leave Petitions were dismissed and the petitioners therein were directed to surrender and apply for regular bail before the Trial Court.
Kolhapur, raided Vijayanand Petrol Pump, Kolhapur and seized two iron tanks of 12,000 and 6,000 litres capacity, greenish lubricating oil in 200 litres barrel, 45 kilos of white chemical powder in 5 gunny bags and ten motor tankers companytaining petroleum products and two empty tankers, worth Rs.77,14,195/ , and arrested 9 persons in companynection therewith.
4581/2006 is directed against the said order of the High Court refusing to grant bail to the petitioner.
On 27th May, 2004, Lalit Nagpal, Ranjana Nagpal, Anil Nagpal, Vijay Nagpal and Chetan Mehta moved the Sessions Judge, Kolhapur, for grant of anticipatory bail and although initially protection was given from arrest, on 14th June, 2004 the Sessions Judge rejected the anticipatory bail applications of all the applicants except that of Ranjana Nagpal, the wife of the accused Lalit Nagpal.
276 of 2004, in the Bombay High Court also challenging the approval order dated 31st October, 2004 under Section 23 1 a of the above Act.
39/2004, under Sections 3 and 7 of the Essential Commodities Act, 1955 and under Section 3 of the Petroleum Storage and Distribution Act, 2000 against 11 accused persons.
146 of 2005.
Thereafter, on 19th January, 2005, Lalit Somdatta Nagpal filed Criminal Writ Petition No.
Special Leave Petition Crl.
On the said date the writ petition of Deepak Mundada was permitted to be withdrawn and the remaining two writ petitions were adjourned till 10th February, 2005 and again till 17th February, 2005, when one of the other accused, Anil Nagpal, filed Writ Petition No.
Thereafter, the petitioner moved a fresh application for bail before the Sessions Court which was rejected on 3rd March, 2006.
II 8/2005 registered with Rasayani Police Station, Raigad.
4611 of 2006 has been filed by Kapil Lalit Nagpal against the order dated 1st September 2006 passed by the Bombay High Court in his Criminal Writ Petition No.
Despite the said order, the petitioner did number surrender till 1st July 2005, and thereafter applied for bail which was rejected on the ground that the petitioner had violated the order passed by this Court on 14th December, 2004 and had absconded for almost six months before surrendering.
4581 of 2006 and Special Leave Petition Crl.
1101 of 2006 Special Leave Petition Crl.
WITH Special Leave Petition Crl.
The order passed by this Bombay High Court rejecting the petitioners prayer for bail was again challenged before this Court and the same was once again dismissed on 20th January, 2006 with the observation that such dismissal would number bar the petitioner to approach the trial companyrt afresh.
4611 of 2006 ALTAMAS KABIR,J. Five Special Leave Petitions, of which three have been filed by the State of Maharashtra, one by Lalit Somdatta Nagpal and one by Kapil Nagpal, have been taken up for hearing together as they involve companymon questions of law relating to the application of the provisions of the Maharashtra Control of Organized Crime Act, 1999 in respect of offences alleged to have been companymitted under Sections 3 and 7 of the Essential Commodities Act, 1955.
The State of Maharashtra has filed S.L.P. Crl.
2183 of 2005 directing him to surrender before the Reviewing Authority at Kolhapur within two weeks, failing which his petition, interalia, for restraining the respondents from arresting him and stay of further investigation in Rasayani P.S., Raigad, C.R. No.
Out of the 11 accused persons 10 were arrested and produced before the Chief Judicial Magistrate, Kolhapur, and remanded to judicial custody on 7th May, 2004.
In the Special Leave Petition filed against the said order of rejection, this Court also on 14th December, 2004 rejected the petitioners prayer for grant of anticipatory bail.
