Delhi court takes cognizance of charge sheet against Gangster Deepak Boxer in MCOCA

New Delhi [India]: A Delhi Court on Friday took cognizance of the charge sheet against Gangster Deepak Pahal alias Boxer in a case registered under the Maharashtra Control of Organised Crime Act (MCOCA).

It is alleged that Deepak Boxer is a member of a crime syndicate of the Jitender alias Gogi gang. He was absconding in this case and was arrested on April 15, 2023, after deportation from Mexico in April of this year.

Special judge Shailender Malik of Patiala House court after taking cognizance listed the matter for hearing arguments on the charges against Deepak Boxer.

The court has listed the matter for hearing on August 9.

The copies of the supplementary charge sheet and main charge sheet have been supplied to Deepak Boxer.

Delhi police had filed a charge sheet against gangster Deepak Boxer in this case on July 13.
In this case, 15 other accused are in custody and charges have been framed against them. The matter is at the stage of prosecution evidence.

The court has recently refused to extend the period of investigation related to Deepak Boxer. Thereafter the police filed the charge sheet against Deepak Boxer. This is a supplementary charge sheet in this case.

The Court on July 11, refused to extend the period of investigation by Special Cell beyond 90 days in a case against Deepak Boxer.

The court had said that it is expected in the law that investigating agency would carry out the investigation earnestly without unnecessary delay.

Such exercise cannot be taken as a mere formality as it involves the valuable right of liberty of the accused involved.

It referred to the related provision of MCOCA and said, “Provision has been made to meet those situations where despite making sincere efforts, the nature of the case, facts and evidence is such that investigation is not possible to complete in 90 days.”

“In the present case however first of all report of Public Prosecutor is completely silent about the specific reasons for which judicial detention of the accused is sought to be extended,” Special Judge Malik pointed out.

Special judge Malik had said that merely mentioning that certain steps taken in the investigation have been left to be incomplete like certified copies of criminal cases in which accused Deepak Boxer is involved, could not be collected, details of Income Tax, his properties etc. could not be collected, cannot be a legal reason for extension of judicial detention of the accused.

“Court of law would not act merely on the dictation of investigating agency,” the judge said in the order.

The extension of the investigation period was sought on the ground that a Certified copy of several cases registered against the accused is being collected.

Application for obtaining certificate copies has already been applied in different courts.
Details from the Chief Commissioner of Income Tax, regarding the PAN card, and ITRs of the last 10 years of the accused Deepak Pahal are still awaited.

Addl. PP filed a report in terms of section 21(2)(b) of the MCOCA Act seeking for further extension of judicial detention of the accused from 90 days to 150 days.

Deepak Pahal alias Boxer was earlier declared proclaimed offender on December 9, 2020, in this case, said the report.

Subsequently, he was arrested in another FIR of PS Special Cell. Since said accused Deepak Pahal was also wanted in the present case, he was formally arrested in this case on 15.04.2023, it added.

It was further stated that since 90 days period of judicial detention of the said accused is coming to an end on or before 14.07.2023.

Advocate Virender Mual, Counsel for the accused, vehemently opposed the application. He submitted that the grounds taken in the application are very vague and not sustainable in law.

He also submitted that no plausible reasons were given in the application. He argued that the valuable right of the accused getting bail would be frustrated.