Macoca Law Practice
Legal Defence in Maharashtra Control of Organised Crime Act (MACOC:) Cases-
The Maharashtra Control of Organised Crime Act (MACOCA), 1999 was enacted to deter organised crime and terrorism in Maharashtra and later on it was adopted by the several other states in accordance with the applicability of good combat system. It is a stringent law designed to tackle offences committed by criminal syndicates, gangs, and terrorist organisations. Several enforcement agencies have extraordinary powers for the investigation and prosecution of organised criminal activities.
Cases under MACOCA are not petty in nature whereas involve allegations such as decapitation, extortion, arms smuggling, drug trafficking, and terrorism-related offences. Most importantly, the Act allow for the longer detention periods, admissibility of confessions made to the police officer which again provide an overriding power against the Indian Evidence Act which is now to be known as Bharatiya Sakshya Adhiniyam, 2023. It also provides advantage to the police authorities on the limitation period of chargesheet filing. On the assumption of law, the legal implication is severe, and it allows the highly technical and sensitive procedures.
Section 2(e) & 2(f) of MACOC Act defines “organised crime” & “organised crime syndicate” as under:
Section-2(e) “organised crime” means any continuing unlawful activity by an individual, singly or jointly, either as a member of an organised crime syndicate or on behalf of such syndicate, by use of violence or threat of violence or intimidation or coercion, or other unlawful means, with the objective of gaining pecuniary benefits, or gaining undue economic or other advantage for himself or any other person or promoting insurgency;
Section-2(f) “organised crime syndicate” means a group of two or more persons who, acting either singly or collectively, as a syndicate or gang indulge in activities of organised crime;
Our Legal Services in MACOCA cases Include:
Challenging the Invocation of MACOCA:
In most of the cases the local police authorities do apply MACOCA without the proper implications of the provisions or without the proper sufficient material to establish the existence of an organised crime syndicate. We make sure to scrutinise the sanction orders, reappreciate the background of the accused, and also evaluate the nature of FIR to contest the applicability of MACOCA at the earliest stages.
Bail Representation in Special Courts:
Bail is the most curtail and difficult part in any case which includes charges under MACOCA due to the presumption of guilt and extended custody periods. Our experienced legal team navigated through the stringent bail conditions under Section 21 of MACOCA, 1999. And present strong arguments for the release of the accused before Designated Special Courts.
Defence Strategy at Trial:
We prepare robust defence strategies by challenging the admissibility of the confessions and the witness testimonies of prosecution witness to break the chain of evidences, and lags the questioning on the legitimacy of surveillance or intercepted communication relied upon by the prosecution.
Appeals and Writ Petitions:
Our Law office does have the proper plan of action to deal with the worse consequences in any case, so equipped to handle appeals against the convictions or file write petitions in hon’ble High Courts when fundamental rights of the accused are violated during investigation or trial under MACOCA.
Mr. A. Kumar is one of the best criminal lawyer practices white collar crime in Delhi. He is recognised as one of the best MACOCA lawyer in Delhi. He was been engaged in many cases related to MACOCA in Delhi including sukesh chandrashekar and leena poulose extortion case related to Tihar Jail, Delhi.
