EXTORTION

 

MUMBAI: Gangster-turned-builder Ashwin Naik was today arrested along with four aides from central Mumbai for allegedly extorting a city-based developer, police said.  

 

The four other accused were identified as Pramod Koduskar, Janardan Sakpal, Pratamahesh Parab and Rajesh Tambe, police said. "The accused, including the wheelchair-bound Ashwin Naik, had come in a car on Bhawani Shankar Road at Dadar in central Mumbai to collect the extortion money of Rs 50 lakh he had demanded from the victim builder. Naik had collected Rs 25 lakh in two instalments from the builder a few days ago," DCP (Zone V) Mahesh Patil said.   

 

Police had got a tip-off that the accused were coming in Dadar area to collect the extortion sum. Accordingly, a trap was laid, he said. "During the arrest, we were surprised to know that Naik himself has come to the spot to collect the money and is seated in the car," Patil informed. Since Naik himself has been caught while accepting the extortion money from the complainant, it will make our case strong, Patil said.      

 

According to police, on December 9, Naik's aides had abducted the complainant by threatening him at gunpoint. He was taken to Naik's office in Subhash Nagar area of N M Joshi Marg in central Mumbai, Patil said. "There, Naik threatened the builder to pay him Rs 75 lakh and 6,000 sq ft area premises in his upcoming project," Patil said.       

 

The victim had paid Rs 25 lakh in two instalments earlier this month but lodged a complaint with the police in this regard only two days back, the officer said. Meanwhile, all the arrested accused have been booked under relevant sections of IPC for extortion, kidnapping as well as Arms Act, Patil said.           

 

"Police might evoke Maharashtra Control of Organised Crime (MCOCA) Act against Naik in this case," the DCP said.  All the accused will be produced in a court here tomorrow. 53-year-old Naik, an engineering graduate, was left paralysed after he was shot at in April 1994 by a rival gang on the premises of a sessions court at Fort in south Mumbai. He had allegedly hatched the conspiracy to murder his corporator wife Nita while lodged in Tihar jail at Delhi. She was shot dead outside her house in Chinchpokli on November 13, 2000. However, in 2009, a Pune court acquitted him in the case.     

 

The DCP said Naik has spent a decade in jail in connection with as many as 16 cases against him across the country, including extortions, narcotics and murders.

 

Extortion

Extortion takes a middle place between theft and robbery. A person commits extortion who:
1. Intentionally puts a person in fear of injury to himself or another,

2. Dishonestly induces the person so put in fear,

3.To deliver to any person any property or valuable security. 
For Example: B, threatens to Z that he will keep Z's child in wrongful confinement, unless Z will sign and deliver to A promissory note binding Z to pay certain money to A. Z signs and delivers the note. A has committed extortion.
 
 

DISTINCTION BETWEEN EXTORTION AND THEFT

1. In extortion consent is obtained wrongfully, while in theft the offender takes without owner's consent.

2. In extortion the subject matter may be movable or immovable property, while in theft it must be movable property only.

3. In extortion the property is obtained by putting a person in fear of injury to that person or to any other to part with his property, while in theft there is no element of force. 

 

PUNISHMENT
 
Whoever commits extortion shall be punished with imprisonment for a term, which may extend to three years, or with fine, or both. While committing extortion if any person puts or attempts to put any person in fear of death or grievous hurt to that person or any other, then he shall be punished with an imprisonment which may extend to seven years, and shall also be liable to fine.

 

 

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