New Delhi: The Delhi high court has restrained the Delhi Police from taking coercive action against a woman booked under the Maharashtra Control of Organised Crime Act (MCOCA), after she challenged the approval order authorising the use of the law against her for allegedly being part of an organised network involved in the sale and distribution of heroin.
A bench of justice Sanjeev Narula passed the order on Tuesday after the woman’s counsels, Rahul Sharma and Kundan Kumar, contended that the essential requirement of “continuing unlawful activity” for invoking MCOCA was not met. The FIRs relied upon by the approving authority contained no allegations indicating the existence of an organised crime syndicate. The counsels said that the very basis for invoking the provisions of the Act stood vitiated.
The woman, Kusum, was booked in March under several provisions of the Bharatiya Nyaya Sanhita, including Section 111 (organised crime), the Narcotic Drugs and Psychotropic Substances (NDPS) Act, and the Drugs and Cosmetics Act, for allegedly running an organised operation to sell and distribute heroin and heroin packets in the lanes around her house, in collaboration with her son and hired associates.
The police had alleged that they had seized 385.53 grams of heroin along with 47.09 grams of Tramadol.
She was arrested in March but was granted bail on May 26.
The joint commissioner of police (Western Range), Delhi, on August 25 approved the invocation of Sections 3 and 4 of the MCOCA against the woman, her associates, and any others identified during the investigation, stating that she was allegedly involved in offences such as robbery, drug peddling, attempted murder, and extortion, and was engaged in organised criminal activities for pecuniary gain as part of a crime syndicate.
However, the woman later challenged the approval order and urged the court to quash the MCOCA case.
In her petition, the woman said that the provisions of MCOCA had been invoked with malicious intent to settle scores with her family members and that the approval order had been passed without due application of mind.
Considering her contentions, the court issued notice in the woman’s petition and also directed the police not to take coercive action against her.
“Issue notice. In the meantime, no coercive action shall be taken against the petitioner under Sections 3 and 4 of MCOCA,” the court said in the order.
The matter will be next heard on December 2.
