When MCOCA is invoked mid‑stream in a case where the accused is already on bail, three issues arise together: jurisdiction, the fate of existing bail, and the correct form of the Sessions Court’s order. This article consolidates the law from Supreme Court and High Court decisions into a single, practitioner‑oriented guide.
Jurisdiction: Sessions Court Is Immediately Divested
Section 6 of the Maharashtra Control of Organised Crime Act, 1999 provides that “every offence punishable under this Act shall be triable only by the Special Court within whose local jurisdiction it was committed…” This “only by the Special Court” language, read with Section 5, creates exclusive jurisdiction in the notified MCOCA Special Court; no other criminal court can assume such jurisdiction.
