New Delhi: A Delhi Court has recently framed charges under the Maharashtra Control of Organised Crime Act (MCOCA) against Kingpin Salman Tyagi and his 14 aides for running an organised crime syndicate. Police have shown involvement of Salman Tyagi in 22 criminal cases.
An FIR was registered under MCOCA at Police Station Hari Nagar in 2019. Additional Sessions Judge (ASJ) Shivali Sharma framed charges under sections of MCOCA against a total of 15 accused including Salman Tyagi.
The court found a prima facie case made out after perusing the chargesheet, documents, statements of public witnesses and various accused persons recorded during the investigation.
ASJ Shivali Sharma
ASJ Shivali Sharma held, "From the overall material collected during the investigation, a prima facie operation of an organised crime syndicate is reflected which is engaged in the illegal activities of extortion, forcefully occupying the properties of innocent persons, threatening public persons by show of weapons and demanding protection money on the strength of weapons."
"As per the material available on record, prima facie accused Salman Tyagi appears to be the kingpin or the centre point of the organised crime syndicate which is engaged in continuing unlawful activities," ASJ Sharma said in the order passed on December 10, 2024.
The court said that the accused Rahul Gupta aka Roshan aka Khalla, Parvinder aka Prince aka Nakli, Roshan Lal aka Chela aka Chota Roshan, Saddam aka Gauri, Deepak aka Deepu aka Bunda, Shahnawaz Tyagi aka Mannu, Sayeed aka Faisal, Muntzeer Tyagi aka Munti, Mohd. Shaukat aka Parvez and Mustafa Tyagi prima facie appear to be members of the organised crime syndicate who are involved in knowingly facilitating and committing the activities of the organised crime.
" It is also apparent on the record that prima facie accused Adnaan Tyagi, Asif aka Faisal and Paras aka Ansh aka Bhumiya had also joined the organised crime syndicate and had tried to threaten the witness against the kingpin Salman Tyagi and made an attempt to murder him for which FIR was registered at Police Station Hari Nagar."
The court also said that prima facie no defect is noticed in approval sanctions issued under section 23 of MCOC Act.
Thus, prima facie case
" Thus, prima facie case under section 3 (1), 3(2), 3(4) of MCOC Act is made out against accused Salman Tyagi aka Salman, Rahul Gupta aka Roshan aka Khalla, Parvinder aka Prince aka Nakli, Roshan Lal aka Chela aka Chota Roshan, Saddam aka Gauri, Deepak aka Deepu aka Bunda, Shahnawaz Tyagi aka Mannu, Sayeed aka Faisal, Muntzeer Tyagi aka Munti, Mohd. Shaukat aka Parvez, Mustafa Tyagi, Adnaan Tyagi, Asif aka Faisal and Paras aka Ansh aka Bhumiya," the court ordered.
The Court also noted that multiple movable and immovable properties have been found in possession of accused Salman Tyagi, Rahul Gupta, Saddam, Deepak, Shahnawaz Tyagi, Sayeed, Muntzeer Tyagi, and Mustafa Tyagi which they have failed to explain by their legal sources of money.
"Thus, prima facie case u/s 4 MCOC Act is made out against all these accused persons," the court said.
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The Court has discharged accused Rajesh aka Hunny, Saurav Bhargav, Rohit Kumar, Irshad and Rajuddin under sections 3 and 4 MCOC Act. Accused Ibrahim Tyagi (since deceased) Proceedings against him abated.
Advocate Deepak Sharma
Advocate Deepak Sharma appeared for accused Rajesh aka Hunny, Saurav Bhargav, and Rohit Kumar. Advocate Rajendra Prasad Sarwan appeared for Irshad and Rajuddin.
It was argued by the Defence Counsel in the present case, the evidence produced on record in the form of a chargesheet against the accused Shaukat Ali clearly falls short of the essential ingredients of offences as defined under the 3 MCOC Act and he is entitled to discharge.
The case of the prosecution, in brief, is that on 17.02.2018, accused Salman Tyagi was apprehended while in possession of Heroine (Smack) weighing 260 grams (commercial quantity). An FIR on 17.02.2018 under Section 21 NDPS Act Police Station Hari Nagar was registered in the matter.
As per police accused disclosed the source of the smack to be accused Roshan aka Khalla who was also arrested.
During the investigation of that FIR, it was revealed that accused Salman Tyagi was running a crime syndicate with the help of his family members and his associates. He was a history-sheeter of police station Hari Nagar and was involved in seven criminal cases of robbery, extortion, attempt to murder, drug peddling and Arms Act and criminal assaults.
During the investigation
During the investigation of the case registered under MCOCA, it surfaced that accused Salman Tyagi along with his associates was continuously involved in unlawful activities including robbery, extortion, attempt to murder, drug peddling, Arms Act.
The details of criminal cases in which accused Salman Tyagi and his 22 associates were found involved and arrested were also produced.
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During the investigation, accused Salman Tyagi and his family members and associates were also found in possession of various movable and immovable properties in Tihar Village and in surrounding areas.
Investigation revealed that accused Salman Tyagi was running an organized crime syndicate with the objective of gaining pecuniary benefits for himself, his family members and his associates and had acquired huge assets including a number of immovable properties and vehicles from the pecuniary benefits obtained by him from his organized crime activities.
The assets accumulated
The assets accumulated by accused Salman Tyagi were much more than his lawful income, the police alleged.
It is further alleged that accused Salman Tyagi was found to be the Kingpin of the crime syndicate and involved in 17 criminal cases.
All the other accused persons were also found involved in various criminal cases during the period of 10 years preceding the registration of the present FIR in which charge sheets have already been filed and cognizance has already been taken by the concerned court. Similarly, all the other accused persons were found to be in possession of various movable and immovable properties which could not be reconciled with their legal income and were thus, acquired from the income generated by unlawful activities of the crime syndicate.
Accused Salman Tyagi
Accused Salman Tyagi was arrested in the present case on 03.10.2019 and is alleged to be the kingpin of the organised crime syndicate. As per the chargesheet, the following evidence has been collected against accused Salman Tyagi.
Police said that he is involved in 17 criminal cases of robbery, extortion, attempt to murder, drug peddling, arms act and criminal assaults.
His confessional statement under section 18 MCOC Act has also been recorded wherein he has disclosed that he along with his gang members used to extort money from people and demand protection money by using illegal firearms and adopting the means of violence, threat of violence and intimidation. He also disclosed that he had invested the pecuniary gains from the organized crimes in various movable and immovable properties through his relatives/family members.
He identified 13 properties in the area of Tihar village which are in the name of his relatives, the police said.
