Sansar an illegal wildlife trader and co-accused were discharged from the provisions of MCOCA (Maharashtra Control of Organised Crime Act) by a court in Delhi on 16 July 2013. Co-accused discharged along with him are Sudesh Kumar, Ritu, Babu, a proclaimed offender Badal, Narain, Preetam, Lalita Parsad, Satya Bhan, Hira Lal Khatik and Jagdish Parsad Khatik. When discharging from the provisions of MCOCA, court observed that:
(i) That there is no provision under the Code of Criminal Procedure to file a supplementary complaint in
complaint case;
(ii) That provisions of Section 173(8) is applicable to the police report submitted under Section 173(2) Cr.P.C and not to the complaint cases.
(iii) That after taking cognizance, only superior courts can transfer the investigation to another agency in
appropriate cases for further investigation/fresh investigation/reinvestigation.
(iv) That in the instant case, no superior court had transferred the investigation to the CBI authorizing it to
conduct further investigation under Section 173(8) Cr.P.C., thus investigation conducted by CBI is without
any jurisdiction.
(v) That since there is no provision under the Code of Criminal Procedure to file supplementary complaint in a complaint case, CBI can not file the supplementary complaints by invoking the provisions of Section 173(8) Cr.P.C.
(vi) That word 'charge-sheet' as recited under Section 2(1)(d) of MCOCA does not include 'complaint' as
defined under Section 2(d) Cr.P.C.
(vii) That CBI has failed to satisfy the first mandatory requirement of Section 2(1)(d) of MCOCA to invoke the stringent provisions of MCOCA against the accused persons.
