MCOCA case: Delhi court grants 3-day police custody of Shabir Choudhary

A Delhi court has granted a three-day police custody remand of Shabir Choudhary, arrested in a Special Cell case under the MCOCA. The prosecution alleges he is a leader of an organised crime syndicate and needs custodial interrogation.

A Delhi court on Sunday granted three days' police custody remand of Shabir Choudhary alias Shabir Ali, who has been arrested in a Special Cell case involving allegations of organised crime under the Maharashtra Control of Organised Crime Act (MCOCA), observing that the investigation should not be stalled at this stage given the gravity of the allegations.

The order was passed by Additional Sessions Judge Syed Zishan Ali Warsi, functioning as the link judge in Patiala House Courts, while hearing an application moved by the Special Cell seeking seven days' police custody of the accused.

Prosecution's Arguments for Custody

Appearing for the State, Special Public Prosecutor Akhand Pratap Singh submitted that Choudhary was one of the leaders of an organised crime syndicate and was facing charges under Sections 3 and 4 of the MCOCA.

The prosecution argued that his custodial interrogation was necessary to unearth the syndicate's modus operandi, identify other members, ascertain their hideouts, trace assets allegedly generated through organised crime, and confront him with co-accused persons.

The prosecution further told the court that the accused's alleged involvement had surfaced through the confessional statements of co-accused Zoya Khan, Sameer Baba and Mehfooz Ali alias Bobby Kabutar. It also submitted that all legal requirements regarding arrest, communication of grounds of arrest and medical examination had been duly complied with.

Defence Opposes Remand Plea

Advocates Anurag Jain and MM Khan, appearing for the accused, opposed the remand plea.

The defence argued that the FIR was registered in December 2024 and that approval under the MCOCA provisions was obtained subsequently. It was contended that despite the passage of considerable time, no coercive action had been taken against the accused, while the main charge sheet and two supplementary charge sheets had already been filed. The defence further argued that the accused had neither been declared absconding nor shown as an accused in those proceedings and that no useful purpose would be served by granting police custody.

Court's Observation and Order

After examining the case record, the court noted that the accused had been formally arrested on June 14 and produced before the court within the stipulated period. The court also recorded that the arrest memo reflected that information regarding the arrest had been communicated to the accused's wife.

The court observed that the grounds of arrest appeared relevant to the collection of evidence, establishing the participation of the accused and unearthing the alleged organised crime conspiracy.

"Looking to the gravity and seriousness of the offence as well as the nature of allegations, at this stage, it will not be proper to stall investigation," the court observed while allowing the remand application in part.

Accordingly, the court granted three days' police custody remand, instead of the seven days sought by the investigating agency, and directed that the accused be produced before the court on June 17. (ANI)

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