STATE OF MAHARASHTRA Vs. BHARAT BABURAO GAVHANE

JUDGEMENT

(1.) The Appellant-State of Maharashtra has preferred this Appeal challenging the judgement and order passed by the learned Special Judge, MCOC Act, Nashik in MCOC Case No.2 of 2002. By the Judgement and order dated 2nd September 2002 the learned Special Judge has allowed an application preferred by the respondents-original accused for transfer of the case under section 11 of MCOC Act, 1999 (for short referred to as "MCOC Act).

(2.) In the view of learned Judge the application preferred by the accused, prior to framing of charges, is capable of being allowed because there is no material to arrive at a prima facie conclusion that the accused can be prosecuted under the MCOC Act and more particularly section 3 thereof.

(3.) This appeal invokes appellate powers conferred upon this Court vide MCOC Act. Earlier, it was filed as a Revision Application but later on finding that the order under challenge is appealable, the same was converted with leave as the instant appeal. The prosecution case in a nut shell is as under.