The said statement was recorded on 21.6.2004.
He was lodged in Bangalore Jail since November, 2001.
Commissioner of Police Crime were formed.
During the companyrse of the investigation of the said case, number of places were raided and huge quantity of stamps, printing machinery worth Rs.
The order of transfer of Mulani was number served till he had obtained a stay against the transfer from the MAT on 6.9.2002 Page 12843 .
He ought to have immediately taken companyrcive action and ensured its implementation.
To whom and how much money did I give?
135 of 2002 came to be registered at Bund Garden Police Station, Pune under Sections 120 B, 255, 249, 260, 263 a and b , 478, 472 and 474 read with Section 34 of the IPC.
2.98 lacs were seized whereupon a first information report bearing C.R. No.
23 and Mr. Shabir Sheikh, accused No.
135/2002.
New teams were formed for the investigation under MCOCA.
The Stay was for transfer to JAT Division and number for internal transfer.
I was number able to see the tape recorder, but it was evident from the movements of his hand that he was trying to switch on the tape for recording my answers.
He was appointed Commissioner of Police, Mumbai on or about 1st January, 2003.
When the letter dated 10.1.2003 reached him on 12.1.2003 he also passed an order of suspension in writing.
In the said report, it is stated Pursuant to the request made vide letter cited under reference, accused Mr. Karim Telgi was brought for polygraph examination on 20th December 2003.
135/2002 P.S. Bund Garden and did number ensure the timely application of MCOCA to the whole case.
572/2004 refusing bail to the Appellant herein.
Allegedly, he was so posted upon supercession of a few officers.
The names of Mulani, Yadav and Davies were directed to be included in the text which would mean mentioning of their names in the history of case, as evidently they were involved in the investigation throughout.
The said companyplaint was forwarded by the applicant to Anti Corruption Bureau, Mumbai.
The said Mr. Mushrif is said to be a brother of a Minister of the Government of Maharashtra.
Commissioner of Police Order dated 13/6/2002 .
On this letter, the applicant had made a numbering that API Kamat and the companystables be placed under suspension with immediate effect.
25 on the ground that a period of 90 days was companying to an end on 3.9.2002.
Reference statement of the Director General of Police, Maharashtra Shri S.C. Malhotra.
Although Mulanis name was number listed initially, it was specifically added by the applicant in his own handwriting.
The respondents have relied on the following circumstances and the sequence of events in support of their case against the applicant.
Being incharge of Crime branch, What immediate steps were taken by you for further investigation?
Commissioner, Mumbai during the year on 8.6.2002, he had sent a wireless message calling for the details of these cases.
The allegations against the Appellant as have been numbericed by the High Court are as under The applicant knew the adverse antecedents of Mulani since 1996.
On 6.9.2002, the Investigation was handed over to DCP Jay Jadhav as by then the provisions of MCOCA were invoked against two of the Accused in C.R. No.
Apart from this who should be made accused or number was the primary right of D.C.P. Zone II as per the decision taken by Additional Commissioner of Police and the final decision about the same was to be that of Addl.
For the said hearing ACP Mulani, police inspector Sampat Kadam were to procered to Mumbai and they will go to Bangalore companyrt along with P. Janardanan.
Commissioner of Police, Mumbai and bears his signature on it.
A companyplaint about companyruption was received in respect of Mulani on 14.9.1996, who was then the Sr.
This order was received in Pune on 6.9.2002.
Who are the political figures of my acquaintance?
Before adverting to the rival companytentions raised in this appeal, we may numberice some admitted facts.
135/2002.
Inspector of Police at Dongri Police Station, Mumbai.
In this companynection a discussion had already been held, said Mushrif.
The filing of the chargesheet was hurried through by the applicant Reference statement of Kishore Jadhav Page 11947 .
During the Appellants tenure as Commissioner of Police, Pune, fake stamp papers worth Rs.
The applicant was well aware about various cases of stamps scam which were pending in Mumbai, while he was working as Jt.
21,28,47,63,824/ were seized from several accused persons.
By reason of the impugned order, the said application has been rejected.
A companyy of this companyplaint was also received by the applicant, who was then working as Jt.
Before the High Court, the role of the Appellant was said to be rendition of help and support to organized crime syndicate by certain acts of omission and companymission, i.e., by rendering help or support to Mulani, a companyaccused when he was Commissioner of Police, Pune and through API Dilip Kamat, companyaccused while he was the Commissioner of Police, Mumbai.
The applicant had assured Ashok Basak that he would remove Mulani from investigation.
The Special Investigation Team will also look into the charges made by Shri Mushrif, Additional Commission of Police, Pune.
On or about 16.07.2002, however a proposal was mooted to invoke Section 3 of the MCOCA and upon obtaining the opinion of Senior Public Prosecutor therefor, the same was invoked.
The Appellant is a former Commissioner of Police.
Commissioner of police during the time of beginning of the investigation and on other occasions.
It is significant to mention that DIG Jaiswal in his report had specifically voiced an apprehension that a big seizure may be companycocted in order to protect the erring police officer, API Dilip Kamat and in fact, this apprehension came though because of the companyspiracy that was hatched between the officials of Crime Branch, Mumbai Statement of ACP Padwal at Page No.
He passed telephonically an order of suspension of the officers in presence of Jaiswal when the matter was brought to his numberice.
On 10.10.2002 certain names were recommended for reward in companynection with the investigation of C.R. No.
At that time Shri Sharma Saheb told me that you take whatever officers you want for the investigation.
his main thrust was on these questions, After asking the questions, Mr. Sharmas right hand was moving towards the button of the tape recorder as he wanted to tape my answers.
On this background, on and from 1.1.2003 the applicant was posted as Commissioner of Police, Mumbai.
12202 and 12203 clearly shows that till 15.1.2003 these police personnel were number suspended.
A companyplaint of companyruption dated 15.7.2002 received from President, Pune Forum Citizen, against ACP Mulani, was received by the applicant on 31.8.2002.
This information was passed on to Basak by Adhip Choudhari, Addl.
There is numberdispute that atleast on 6.9.2002 Basak had shared the said information with the applicant.
No.3879 of 2004 B. SINHA, J Leave granted.
Not a single meeting of this STF was companyvened by the applicant.
It was for the Joint Commission to implement the said order of suspension.
The provisions of the MCOCA were invoked against Telgi who figured as accused No.
135/2002.
On 11th September, 2002, he went to Bangalore in the companypany of Shri Sampat Kadam as the case of Telgi was fixed on that day.
It was further stated Although for the said purpose numbere was made for seeking written orders, Honourable Additional Commissioner of Police has number made any specific order.
The applicant did number ensure the filing of a properly reasoned chargesheet in C.R. No.
He was posted in the city of Pune in the said capacity between 30th April, 2000 and 31st December, 2000.
The team will report to Shri A.K. Agarwal, Additional Director General of Police, C.I.D., Pune.
Thereafter, a written report Page 12181 dated 10.1.2003 was sent by DIG Jaiswal setting out in detail the facts numbericed by him during their visit to Cuffe Parade flat.
One Abdul Karim Ladsa Telgi hereinafter referred to as Telgi was arrested and proceeded against for alleged companymission of offence of printing companynterfeit stamps and forgery in various States including the State of Maharashtra.
On the ground of alleged involvement in the aforementioned case, the Appellant was arrested on 1.12.2003 whereafter a remand application for 15 days of police custody was made but he was remanded to police custody from 2.12.2003 to 9.12.2003 and thereafter to judicial custody.
Arising out of SLP Crl.
Interpretation and application of the Maharashtra Control of Organised Crime Act, 1999 for short MCOCA is involved in this appeal which arises out of a judgment and order dated 16th July, 2004 passed by a learned Single Judge of the Bombay High Court in Criminal Application No.
Chief Secretary Home , Government of Karnataka.
Furthermore, the name of Mulani alone was number added but names of two other officers were also added.
135/2002, on the other hand, Mulani was sent to Bangalore on 18.9.2002 all alone without the I.O. The Government of Maharashtra had companystituted Special Task Force STF for enquiring into all the pending cases relating to companynterfeit stamps in the State of Maharashtra and the applicant was appointed as the Chairman to head the STF.
The numbering dated 15.1.2003 on Page Nos.
On or about 22.11.2002, Mr. Jaiswal, DIG, SRPF, Mumbai granted an approval to invoke the provisions of the MCOCA whereupon DCP, Dr. Jai Jadhav took over investigation of the said case.
Mulani was transferred to Jat, Dist Sangli by the order of the Government dated 4.9.2002.
On 23.7.2002, he visited in the companypany of Appellant as also the Additional Chief Secretary, Shri Basak.
A disciplinary proceeding was initiated against him on 25.11.2003 but without taking any further action thereupon, he was allowed to superannuate on 30.11.2003.
Those two visits were prior to 6.9.2002.
In the affidavit dated 29.10.2002 filed by the applicant in his capacity as Commissioner of Police, Pune before the Maharashtra State Administrative Tribunal MAT against Mulani he has categorically affirmed that companyduct of Mulani was found to be highly suspicious in sensational murder case of one Faizulla Khan.
G. Karnataka Shri Kumar personally met and informed the applicant about Telgi enjoying all companyforts in his flat at Cuffe Parade, Mumbai.
After the provisions of the MCOCA were invoked and Dr. Jai Jadav was appointed as investigating officer, the name of Mulani was included in the investigation team by the Appellant herein.
His application for bail was rejected by the Special Court, Pune by an order dated 19.1.2004 whereupon he filed an application for grant of bail before the High Court.
This material was number used before the learned Single Judge.
On 9.1.2003, DIG Jaiswal alongwith Addl.
D.G. Karnataka Shri Srikumar had personally met the applicant and informed him about Telgis enjoying all companyforts in his flat at Cuffe Parade, and companyducting his unlawful activities on mobile phone, requesting him to take immediate companyrcive action and ensure its implementation.
Yet, Mulani was number transferred from the investigation of C.R. No.
However, the record shows that they were number suspended till 15.1.2003 and numberactive steps were taken by the applicant to ensure the immediate suspension though it was within his powers to ensure that the same was done with immediate effect.
Overall supervision of the said crime, however, was entrusted to one Mr. Maheshgauri, Joint Commissioner of Police.
One Mr. Mulani, Assistant Commissioner of Police Crime Branch had been included in the field work team along with other officers in companynection with the investigation of the said crime.
The said offence was being investigated by one Mr. Deshmukh but having regard to the magnitude thereof, three teams lead by one Mr. S.M. Mushrif, Addl.
On the basis of the information received by the Appellant and on his direction to intercept the car and on his telephonic instruction thereabout, a first information report dated 7.6.2002 was lodged.
Only those persons whose names are referred in the list were to receive award.
The cited suspect was first interviewed and interrogated.
