MCOCA invoked against gangster D K Rao, 2 others in extortion case

Rao, a Dharavi resident, was arrested last month by the crime branch for allegedly threatening investors at the behest of a builder who had taken money and not completed construction of flats.

The police had also booked him in a similar case of extortion in January, and was granted bail in April.
Rao, who was lodged in Taloja Central Jail, and his two co-accused in Arthur Road jail, were produced before the special court on Tuesday.

The special court was informed that MCOCA was being invoked in the case, claiming that the accused were part of an organised crime syndicate, led by Rao.

The police sought Rao’s custody to recover a chit linked to the extortion bid, and also sought to interrogate the accused to collect evidence regarding properties allegedly bought by them through the pecuniary gains made as part of the crime syndicate.

Rao’s lawyers opposed the invocation of MCOCA, stating that there is provision under the new criminal laws, under section 111 of the Bharatiya Nyaya Sanhita, for the offence of organised crime and there was no need to separately invoke MCOCA.

Under the MCOCA, the police get an extended period of 180 days to file a chargesheet, making it difficult for the accused to get bail.

The Act also has provisions for recording confessions of the accused by the police. The court agreed with the contention of the police that the MCOCA had an overriding effect and it can be invoked even if there is provision under the BNS to punish organised crime.

The lawyers for the accused also raised the issue of illegal arrest but the court held the arrests valid. Rao allegedly had joined the Chhota Rajan gang in the 1990s after starting out with petty crimes.

Eventually, he branched out and formed his own gang, while still remaining loyal to Rajan. The police had claimed that Rao had a previous criminal record, based on which MCOCA can be invoked.

In October 2022, the gangster was released after grant of bail by the Bombay High Court in connection with an organised crime case wherein he allegedly made an extortion call from behind bars.