The stringent provisions of the Maharashtra Control of Organised Crime Act (MCOCA) of 1999 cannot be slapped against Pune businessman Hasan Ali Khan and his associates, the Mumbai police crime branch told a designated MCOCA court on Thursday.
Acting on an application filed by activist IG Khandelwal, designated MCOCA judge SM Modak had directed the police commissioner to nominate a competent officer to consider the possibility of applying stringent provisions of the MCOC Act, and submit a report to the court.
Accordingly, Ashok Durafe, assistant commissioner of police (crime), on Thursday, submitted a report ruling out the possibility. The report, based on material furnished by Khandelwal, states that the basic ingredients required under MCOCA were not found in the case against Hasan Ali Khan and his associates.
“Alleged criminal activities attributed to Hasan Ali Khan and his associates pertain to the period between 1984 and 1992, and can't be said to be continuous unlawful activities,” the report states. It adds that from the material available, it could not be said that the accused committed or indulged in any organised crime.
The report further states that the alleged offences were of cheating and forgery etc., which were devoid of basic elements of violence or threat to use violence or intimidation or coercion, which form basic pre-requisites of organised crime.
Hasan Ali Khan was arrested by the ED on March 11 on charges of money laundering.