A Delhi court on Thursday will begin the trial in absentia of UK-based gangster Kapil Sangwan, facing prosecution under the Maharashtra Control of Organised Crime Act (MCOCA) for running an organised crime syndicate from abroad.
In an order passed by special CBI judge Vishal Gogne of Rouse Avenue courts on July 9, the court noted that the non-bailable warrants issued against Sangwan could not be executed and his house was found to be locked.
The court further stated that it has been reported that Sangwan has not been seen at his premises for a long time.
The order stated, “The court finds that the safeguards provided under section 356 (2) for trial of an absconding accused in absentia have been suitably addressed by the State”.
The court that there was no impediment to the furtherance of proceedings by way of considering charge.
Section 356(2) of Bharatiya Nagarik Suraksha Sanhita (BNSS), outlines the mandatory procedural safeguards before a court can conduct a trial against a proclaimed offender in their absence, requiring two consecutive warrants, local and media notices, and notification of family.
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{{/usCountry}}“It is noted that Kapil Sangwan alias Nandu is not represented by any advocate. In terms of section 356(3) BNSS, it is directed that a counsel be assigned by DLSA for representing the said accused,” the order said.
Sangwan, believed to be operating from the United Kingdom, has multiple cases of extortion, murder, attempted murder, firing and criminal intimidation lodged against his syndicate, which police claims allegedly targeted builders, property dealers and businessmen in Delhi and adjoining areas through extortion and threats.
The MCOCA case under section 3 and 4 of the Act was lodged against his syndicate in 2024 by the Delhi Police Crime Branch’s Anti-Gang Squad.
In its first information report (FIR), police alleged that the Sangwan gang was involved in “continuing unlawful activity” through an organised crime syndicate engaged in extortion and violent offences.
Apart from Sangwan, the FIR names 11 other accused persons, including former Aam Aadmi Party MLA Naresh Balyan.
The MCOCA prosecution essentially stems from an investigation into an extortion complaint filed by Gurcharan, a resident of Mohan Garden in West Delhi.
Gurcharan alleged that in July 2023, he allegedly received an extortion call from Sangwan. Former AAP MLA Naresh Balyan’s role surfaced in the probe as being directly involved in the extortion attempt on behalf of Sangwan.
Investigation concluded that Sangwan was operating from abroad while issuing extortion threats through his associates.
During the probe into this and other extortion incidents, the Crime Branch concluded that the offences
formed part of an organised criminal syndicate, leading invocation of MCOCA.
The court in its order further said that since all accused except one are in custody, the court deems it appropriate that submissions on charge are heard on a day to day basis.