Court absolves alleged Dawood aide of MCOCA charge

Last Updated: Thursday, November 24, 2011 - 20:59

New Delhi: Underworld don Dawood Ibrahim`s
alleged aide Khalil Ahmed, arrested for threatening a
businessman for extortion, has been absolved of charges under
stringent law MCOCA by a Delhi court which said the police
have failed to prove that he was running an organised crime
syndicate.

The court, however, said there was sufficient evidence
for Khalil`s prosecution for criminal intimidation, extortion
and threatening the businessman under the provisions of Indian
Penal Code.

Khalil, who was arrested by the Delhi Police in 2009 near
India Habitat Centre here on the complaint of Delhi-based
businessman Qmar Ahmed, is wanted in 34 criminal cases of
extortion, murder, dacoity, kidnapping, assault, intimidation
and attempt to murder.

In the instant case, Additional Sessions Judge Pawan
Kumar Jain discharged Khalil from charges saying police had
failed to prove that he was running a crime syndicate or that
he operated as a member or any such syndicate, which was
necessary to attract MCOCA (Maharashtra Control of Organised
Crime Act.

"To make a prima-facie case against the accused under
MCOCA, first of all the prosecution has to show prima-facie
that the accused was either a member of an organised crime
syndicate or a gang or was acting on behalf of such a
syndicate or a gang.

"Though in the charge sheet it is alleged that the
accused was running an organised crime syndicate with the help
of his associates, the investigating officer failed to
describe that alleged syndicate," the court said.

It also said that in the extortion case, the
investigating officer could have easily showed the dossier of
earlier co-accused of Khalil to complainant Qmar to ascertain
if his earlier companions were the persons who had threatened
him on behalf of Khalil and that would have pointed towards a
syndicate.

Qamar had alleged that on February 16, 2009, when he was
present at his shop with his business partner Sanjeev Bhist,
two persons came at his shop and handed over a mobile phone to
him forcing him to speak with Khalil who demanded Rs 10 lakh
from them or else he and his family would be eliminated.

In its charge sheet, the police invoked MCOCA against him
saying he was running a crime syndicate and is involved in 34
cases of extortion, dacoity, kidnapping, assault, murder,
intimidation, attempt to murder etc from 1985 to 2009.

To this, the judge said the "prosecution has relied upon
the list of 34 criminal cases which were filed against the
accused between 1985 and 2009. These 34 cases include the
present one.

"The mere fact that the accused was previously involved
in some robbery, dacoity and extortion cases with some other
accused persons is ipso-facto and not sufficient to draw an
inference that the accused was running an organised crime
syndicate or acted on behalf of such syndicate.

It is
pertinent to state here that there is nothing in the above
cases which may show that Khalil was running any syndicate or
gang," it added.

The court also noted that the police had not filed the
copy of charge sheets in 20 cases before it to ascertain if
those offences were related to organised crime.

The ASJ also rejected the allegation that Khalil had also
acquired numerous movable and immovable properties worth lakhs
of rupees by wrongful means.

PTI



First Published: Thursday, November 24, 2011 - 20:59

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