Sen car case: MCOCA against dealers

The Bombay High Court on Tuesday directed Mumbai police to consider invoking stringent provisions of Maharashtra Control of Organised Crime Act (MCOCA) against the dealers and beneficiaries in the Sushmita Sen car import case.

A division bench of Justices JN Patel and VK Tahilramani directed the Additional Commissioner of Police (Economic Offences Wing) to meet the Joint Commissioner of Police (Crime) Rakesh Maria and consider invoking MCOCA in the case.

"It is an organised crime syndicate. The car dealers and beneficiaries are all involved in it," Justice Patel observed. The HC also said that if within two weeks the city police are not able to come up with a decision regarding the investigations in the case, then the court might consider transferring the case to another investigating agency like the CBI.

The direction were passed on a petition filed by Sushmita challenging a Rs 20 lakh penalty imposed on her by the BMC for evading octroi on her imported Toyota Land Cruiser car.

The HC had set aside the penalty but had asked the police to investigate the case.

Investigations by the EOW led to the arrest of seven persons, including car dealer Haren Choksi and officials of the RTO. The police had, however, given Sushmita a clean chit and had not named her in the chargesheet filed by them.

"Let the EOW and Crime Branch apply their minds and decide whether the Mumbai police is competent enough to handle the case or should it be transferred to another investigating agency," the court observed. The HC has directed the police to file their reply by February 24.

According to the police, there was a cartel operating in the city, which used fake passports and imported vehicles under the transfer of residence (TR) facility to evade high import duty.

The kingpin of the cartel is a Dubai-based car dealer Rajesh Jethani, who would allegedly send cars to India with fake invoices and tampered chassis numbers.