Delhi court issues notice to IO on charge against gangster Deepak Boxer in MCOCA
Oct 27, 2023
New Delhi [India], October 27 : A Delhi Court on Friday issued notice to the investigation officer (IO) on charges against Gangster Deepak Pahal alias Boxer in a case registered under Maharashtra Control of Organised Crime Act (MCOCA).
It is alleged that Deepak Boxer is a member of a crime syndicate of Jitender alias Gogi gang.
He was absconded in this case and arrested on April 15, 2023, after deportation from Mexico in April of this year.
The court had taken on a charge sheet against Boxer on July 28, 2013.
Special judge Sachin Gupta issued notice to IO for clarification on charges against Deepak Boxer.
The matter has been listed for November 30, 2023, for hearing arguments on charges. Advocate Virender Mual and Abhishek Thakur appeared for 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 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 the 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 provisions 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 Shailender 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 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 grounds 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 PAN cards, and ITRs of the last 10 years of accused Deepak Pahal are still awaited.
Deepak Pahal alias Boxer was earlier declared proclaimed offender on December 9, 2020, in this case, according to the report.