MCOCA Charges Dropped in Mumbai Sex Trafficking Case: Sanction Denial Exposes Procedural Hurdles
Mumbai, September 21, 2025 – A high-profile Mumbai Police investigation into an alleged sex trafficking ring has hit a roadblock, with a special court ordering the withdrawal of charges under the Maharashtra Control of Organised Crime Act (MCOCA) against three accused due to the state’s failure to secure mandatory sanction. The ruling, delivered on September 15, 2025, marks a significant setback for what was Mumbai’s first attempt to invoke the stringent anti-Mafia law in a sex trafficking case, raising questions about its applicability to human trafficking networks and exposing procedural gaps in high-stakes crime enforcement. While MCOCA charges have been dropped, the accused will face trial under the Immoral Traffic (Prevention) Act (ITPA), ensuring the case continues in a regular sessions court.
The decision has sparked a debate among legal experts, activists, and law enforcement, with some viewing it as a procedural necessity and others as a missed opportunity to set a precedent against organized trafficking syndicates. “This case tested the boundaries of MCOCA’s scope beyond traditional underworld crimes like extortion or drug rackets,” said advocate Vrinda Grover, a noted human rights lawyer. “The sanction denial reflects the high bar for evidence, but it risks emboldening traffickers if alternative strategies aren’t fortified.”
The Genesis: A Raid in Grant Road’s Underbelly
The case originated from a dramatic raid on June 25, 2025, at the Manik Building in Mumbai’s Grant Road, a known red-light district. Acting on intelligence about minors being exploited, the D.B. Marg Police Station’s Anti-Human Trafficking Cell, led by Senior Inspector Rajendra Shinde, stormed the premises, uncovering a sophisticated sex trafficking operation. Three women—two Nepalese nationals aged 19 and 20, and a 22-year-old from rural Maharashtra—were rescued, alleging they were lured with false job promises, subjected to debt bondage, and coerced into prostitution through threats and physical violence.
The police arrested three individuals: Suman Devi (42), the alleged brothel operator with a history of similar offenses; Raju Khan (35), accused of sourcing victims from Kolkata and Nepal; and Vijay Patil (28), a local enforcer handling client transactions and intimidation. Seized evidence included mobile phones containing explicit videos, ledgers documenting ₹5.2 lakh in monthly earnings, and forged Aadhaar cards used to traffic migrants. The victims’ statements, recorded under Section 164 of the CrPC before a magistrate, detailed a harrowing cycle of exploitation, prompting police to initially file charges under Sections 3, 4, 5, and 6 of the ITPA for running a brothel, living off prostitution earnings, procuring, and unlawful detention.
On July 10, in an unprecedented move, the police escalated the case by invoking MCOCA Sections 3(1)(ii) (abetment of organized crime), 3(2) (criminal conspiracy), and 3(4) (syndicate membership). The decision was hailed as a bold step by Mumbai Police Commissioner Vivek Phansalkar, who told media, “Human trafficking is no less heinous than drug smuggling or gang wars. MCOCA ensures longer detention and stricter punishment to dismantle such networks.” The invocation aimed to leverage MCOCA’s non-bailable provisions and extended trial timelines, given the accused’s alleged interstate links and repeat offenses.
The Sanction Stumbling Block
MCOCA, enacted in 1999 to curb Mumbai’s underworld syndicates like those of Dawood Ibrahim, requires prior approval from an officer of Additional Director General of Police (ADGP) rank or above to register and prosecute cases. This sanction hinges on proving a “continuing unlawful activity” by an organized syndicate, substantiated by at least two prior charge sheets within 10 years for cognizable offenses carrying three or more years’ imprisonment.
The D.B. Marg Police submitted a detailed sanction proposal in late July, citing the accused’s coordinated roles: Devi as the financier with a 2023 ITPA conviction in Patna, Khan with a 2024 procurement charge in Siliguri, and Patil with a 2022 assault FIR in Mumbai. The dossier highlighted their alleged syndicate-like structure, with Khan’s cross-border recruitment and Devi’s hawala-linked profits pointing to a broader network.
On August 28, however, ADGP (Law and Order) Rashmi Karandikar rejected the sanction in a concise order, citing “inadequate evidence to establish a cohesive syndicate” and “insufficient linkage between prior offenses and the current case.” Insiders revealed the review committee questioned the reliance on victim testimonies without robust corroboration, such as bank records or intercepted communications, to prove a mafia-style hierarchy. The absence of concrete ties to a larger interstate racket further weakened the proposal.
On September 15, during a hearing at the Special MCOCA Court under Judge S.S. Sayyed, Public Prosecutor Advait Tamhankar conceded the sanction denial, stating, “Without approval, MCOCA charges cannot stand. We request the case be transferred to a sessions court for ITPA proceedings.” Defense advocates Fatima Shaikh and Prashant Kadam pounced, alleging the MCOCA invocation was a “high-handed tactic” to deny bail and coerce confessions. “The police overreached, knowing trafficking cases rarely meet MCOCA’s threshold,” Shaikh argued, citing the low conviction rate (under 15%) in MCOCA cases since 2015.
Judge Sayyed ruled: “The want of sanction renders MCOCA charges unsustainable. The matter is remitted to the Sessions Court for expeditious trial under ITPA.” The order clarified that while the accused—currently in judicial custody at Arthur Road Jail—face no immediate discharge, the case must proceed without MCOCA’s enhanced penalties, which include life imprisonment.
Fallout and Future: A Wake-Up Call?
The ruling comes amid Mumbai’s escalating battle against human trafficking, with 1,247 victims rescued and 892 arrests under ITPA in 2024-25, per NCRB data. Maharashtra’s 12 Anti-Human Trafficking Units, underfunded and understaffed, struggle to meet the demand, with activists like Triveni Acharya of Rescue Foundation demanding dedicated task forces. “MCOCA’s failure here shows we need tailored laws for trafficking syndicates, not stopgap measures,” she said, pointing to the law’s rare use outside drug and extortion cases.
Police sources expressed dismay, noting recent MCOCA successes in drug busts, like the August 2025 Bandra MD case. An officer, requesting anonymity, blamed “overcautious sanctioning” influenced by a 2023 Bombay High Court ruling that quashed MCOCA in an extortion case for procedural lapses. The D.B. Marg team plans to challenge the sanction denial before the state home department while strengthening the ITPA case with forensic analysis of seized devices, including call records and encrypted chats.
For the accused, the road ahead involves a Sessions Court trial, with ITPA charges carrying 3-10 years’ imprisonment and fines. Bail applications are scheduled for October 5, though the prosecution aims to oppose, citing flight risk. The rescued women, now at a Chembur shelter, are receiving vocational training, with one expressing interest in nursing studies.
Broader Implications
This case illuminates the challenges of adapting MCOCA to modern crimes like trafficking, where fluid networks often evade the law’s rigid criteria. Legal scholar Ujjwal Nikam, a former MCOCA prosecutor, suggested, “Police must invest in financial forensics and informant networks to meet the Act’s demands.” Meanwhile, activists urge systemic fixes: increasing AHTU funding, fast-tracking victim rehabilitation, and amending ITPA to include syndicate-specific penalties.
As Mumbai grapples with its status as a trafficking hub, fueled by migration and urban anonymity, the Manik Building case serves as both a caution and a call to action. Will it prompt tighter enforcement protocols or deter ambitious crackdowns? The answer lies in the courts—and the city’s resolve to protect its most vulnerable.
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