New Delhi: A Delhi court has dropped MCOCA charge against an accused absconding since 2013. The prosecution found no evidence linking him to an organised crime syndicate, and the court observed that no material on record justified invoking the stringent law against him.
Seikh had been named in an FIR registered by the Special Cell in 2013 and had been absconding since.
Special Judge Gagandeep Singh observed that “there is no connect or material with the prosecution” to invoke Section 3(4) of MCOCA against Seikh for being part of an organised crime. He was allegedly part of a syndicate involved in hijacking commercial trucks and fleeing with the goods, which were then sold through a black-market network, according to the case. He was arrested in Aug this year after being declared a proclaimed offender.
The court found his explanation probable and said the circumstances warranted a lenient view. During sentencing, the prosecution sought the maximum sentence. Defence counsel Arjun Raghuvanshi submitted that Seikh was a truck driver and may not have been available at his native village when coercive processes were issued, while his family members had not informed him about the case.
Seikh was sentenced to the period already undergone in custody, from Aug 24 to Sept 19, and a fine of Rs 5,000 was imposed. As he had failed to appear during the investigation, Section 174A IPC was invoked against him for non-appearance. The court found sufficient material to frame the charge and, after the contents were explained to him in vernacular and through his counsel, Seikh voluntarily pleaded guilty despite being cautioned. He was accordingly convicted under the IPC section. After the fine was paid, the court ordered his release if he was not wanted in any other case.