A special Maharashtra Control of Organised Crime Act (MCOCA) court refused to return the passport and PAN card of Rubina Sayyed — a close aide of underworld gangster Chhota Shakeel — noting that the documents are needed be in case Shakeel or his lieutenants, Fahim Machmach and Salim Langda, are arrested.
Sayyed — who was allegedly Shakeel’s girlfriend — was convicted in March 23, 2007 for handling the gang’s finances. The court had convicted Sayyed, along with three others for aiding and abetting the gang’s criminal activities.
The crime branch alleged that Sayyed had received payments, which were then given to the families of gangsters working for Shakeel and who had ended up in jail. This distribution of money came to light in April 2004 with the arrest of Uday Pawar in connection with an extortion case. His interrogation led to the arrest of Sayyed and three others.
During investigations, the police had recovered gold ornaments worth Rs20 lakh in 2004, along with several documents, including a PAN card and passport. The police said the ornaments were bought using money earned through criminal activities.
Sayyed’s lawyer Rajendra Jawanjal said she was convicted for five years for offences under MCOCA. After her release in 2013, she had filed an application for her ornaments to be returned. “The court had allowed her to take her ornaments back in July 2014. So, we filed for a plea for her documents to be returned in 2014,” Jawanjal said.
“The documents were sought as it the lack of them hindered her daily activities. The police however, did not file a reply. Hence, this has been pending for two years,” Jawanjal added.
When Sayyed’s case came up for hearing last month, Jawanjal argued that as the applicant has served the sentence imposed upon her, the articles seized from her should be returned.
The special MCOCA judge V V Patil however, held that the special judge who convicted Sayyed had ordered the documents sought by her to be preserved as the case against those absconding is still to be resolved. The court also observed that Sayyed did not challenge this order before the high court.It held that the same court cannot give contradictory orders. Sayyed will have to now approach the higher court to retrieve her documents.