Due to the lack of evidence connecting them to Anees Ibrahim, five people were exonerated in the 2018 extortion case


A special MCOCA court in Mumbai has acquitted five men — alleged associates of gangster Anees Ibrahim, the younger brother of underworld don Dawood Ibrahim — of serious charges including extortion, conspiracy, and offences under the Maharashtra Control of Organised Crime Act (MCOCA) and the Arms Act, citing a lack of conclusive evidence. The verdict comes even though one of the accused, Danish Ali Jamaluddin Ahmed, had turned approver, provided a detailed disclosure, and was granted a formal pardon by the court in exchange for cooperation.

The five accused — Ramdas Parshuram Rahane alias Hemant alias Sameer Jagtap, Harish Shamlal Gyanchandani, Danish Ali (approver), Aziz Abdul Unni Mohamed alias Ajju Rolex, and Mohamad Altaf Abdul Latif Syed — were originally booked in 2018 following a complaint by a Malad-based hotelier. According to the complaint, Anees Ibrahim and his associates demanded ₹50 lakh from him, issued threats to kill him, and sent intimidating voice notes and WhatsApp messages through intermediaries. The hotelier also told police that he had faced similar threats in the early 2000s, after an associate named Ali Maskat had invested in his Dubai hotel business, which later collapsed.

Special Public Prosecutor Jaysing Desai argued that the accused were acting on behalf of Ibrahim’s criminal syndicate, deliberately used fake names to instill fear, and that the evidence — including recovered mobile phones, bank records, WhatsApp transcripts, the approver’s statement, call data records, handwriting analysis, and the recovery of arms — proved their involvement. He claimed that Danish Ali’s testimony was key to establishing the nexus between the accused and the underworld network.

The defence, however, dismantled the prosecution’s narrative by pointing out that the evidence was largely circumstantial and lacked direct proof. They argued that mere possession of certain phone numbers or occasional contact with alleged syndicate members did not automatically establish that the accused were part of an organised crime syndicate. Defence lawyers also noted inconsistencies in the confessions, with some later withdrawn, and said the prosecution’s reliance on electronic evidence was flawed due to the absence of mandatory certification under Section 65B of the Evidence Act.

In his verdict, Special Judge Mahesh K. Jadhav said that the prosecution had “failed to prove that the accused are active members of the organised crime syndicate run by wanted accused Anees Ibrahim.” He further noted that the approver’s statement was not corroborated by independent witnesses, the recovery of a pistol and cartridges from accused Ramdas was not proven beyond a reasonable doubt, and contradictory confessions between Danish Ali and Mohamad Altaf undermined the case.

The court also found serious procedural lapses, ruling that the electronic evidence, including call data records and voice clips, could not be admitted as there was no proven link to the accused and no proper certification. With no conclusive proof of conspiracy, execution of the extortion demands, possession of illegal arms, or continuous unlawful activity as required under MCOCA, the judge ordered that all five accused be acquitted of all charges.

The ruling underscores both the high burden of proof required under special laws like MCOCA and the impact of investigative shortcomings — especially in cases involving organised crime — where procedural errors can effectively nullify years of police work.


 

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