Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1999- s.2(1)(d) - Continuing unlawful activity - Essential ingredients to come within the definition of 'continuing unlawful activity-s.2(1)(e) - Organized crime - Essential ingredients to come within the definition of 'organized crime' Maharashtra Control of Organized Crime Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Maharashtra Control of Organized Crime Act, 1999:Object and reason of enactment - Discussed.s.2(1)(d) - Continuing unlawful activity - Essentialingredients to come within the definition of 'continuingunlawful activity' - Discussed.s.2(1)(e) - Organized crime - Essential ingredients tocome within the definition of 'organized crime' - Discussed.s.2(1)(e), (f)- Organized crime- Facts disclosed nexus of A-7 with the members of 'organized crime syndicate' andnexus with offence in the nature of an 'organized crime' ofthe two earlier cases namely Parbhani and Jalna and alsodirect involvement in the present bomb blast at Malegaon -Therefore, activity and involvement of A-7 in all three occurrences disclosed nexus in the crime and also with theother accused involved in the crime and thereby thesatisfaction of the definition of 'continuing unlawful activity' ofan organized crime on behalf of an organized crimesyndicate was sufficiently shown - Thus, by virtue of s.21 (4) A-7 not entitled to bail - In case of rest of the appellants forinvoking s.21 (4)(b), namely, to consider their claim for bail, itcan be held that for the present juncture with the availablematerials on record, it is not possible to show any nexus ofthe appellants who have been proceeded against for theirinvolvement in Malegaon blast with the two earlier cases,namely, Parbhani and Jalna - There is considerable doubtabout their involvement in Parbhani and Jalna and, therefore,Bthey are entitled for their bail applications to be consideredon merits.ss.2(1)(d), (e), (f), 11 - Malegaon bomb blast case -Special judge passed the order of discharge on the footingC that cognizance of two earlier cases within preceding 10 yearsfrom the date of third occurrence was not satisfied andsimultaneously ordered transfer of the case to regular court- On appeal, Division Bench held that the Special courtmisdirected himself by stating that the cognizance was with reference to the offender and not the offence which led to thepassing of such illegal order and that cognizance of offencewas taken as early as on 7.9.2006 in Parbani case and30. 9. 2006 in Jalna case which were within the preceding 10years from the date of Malegaon case and therefore the order of discharge was not sustainable - On appeal, held:Cognizance is always of the offence and not the offender andonce the magistrate applies his judicial mind with referenceto the commission of an offence, the cognizance is taken at that very moment- The cognizance· of the offence taken intoaccount in respect of Parbhani and Jalna based on thecharge-sheets dated 07. 09. 2006 and 30. 09.2006 respectivelywas perfectly in order to apply the definition of 'continuingunlawful activity' for the purpose of invoking MCOCA withG reference to Malegaon occurrence.s.2(1)(d) -.Requirement offiling of charge-sheet in twoearlier cases before the competent court in respect of offenceuls.2(1)(d) can be held to be satisfied once cognizance is taken by a Judicial Magistrate of first class or for that matteran empowered second class Magistrate in the event of filingof a police report as prescribed u/s. 173(2)(i) by virtue of power vested uls. 190(1 )(b) - If ingredients of the said requirementare fulfilled, it will have to be held that that part of therequirement u/s.2(1)(d) namely the competent court takingcognizance of offence as stipulated u/s.2(1 )(d) in respect oftwo earlier cases will get fulfilled.s.2(1)(d) - Whether taking of cognizance of offence bythe competent court uls.2(1)(d) is referable only to the courtof sessions or even to a Magistrate of first class u/s. 190 -Held: On fulfillment of s.190, when a Judicial Magistrate of first class or an empowered second class Magistrate takescognizance of any offence that would fulfill the requirementof s. 2(1 )(d) relating to the competent court.s. 3(2) - Invocation of- Held: In_ order to invoke MCOCA even if a person may or may not have any direct role to playas regards the commission of an organized crime, if a nexuseither with an accused who is a member of an 'organizedcrime syndicate' or with the offence in the nature of an'organized crime' is established that would attract the invocation of s. 3(2) of the Act.Code of Criminal Procedure, 1973:ss. 173(2), 190(1 )(b) - Scope of - Held: Reading s.173(2)(i) along with s.190(1)(b), a duty is cast upon theofficer in-charge of the police station mandatorily to forwardthe report to the Magistrate who is empowered to takecognizance of the offence on a police report - Unders. 190(1 )(b) any Magistrate empowered for taking cognizance under sub-section (1) can take cognizance of any offencebased on filing of a police report furnished with the facts asstipulated uls.173(2)(i) (a to h).s.173(8) - Filing of supplementary charge-sheet -Implication of - Held: It does not amount to takingcognizance by the court afresh with reference to the very sameoffence.Words and phrases:Cognizance - Meaning ofInsurgency- Meaning of. |
Judge | Hon'ble Mr. Justice Fakkir Mohamed Ibrahim Kalifulla |
Neutral Citation | 2015 INSC 325 |
Petitioner | Prasad Shrikant Purohit |
Respondent | State Of Maharashtra & Anr |
SCR | [2015] 8 S.C.R. 575 |
Judgement Date | 2015-04-15 |
Case Number | 1969-1970 |
National Digital Library of India (NDLI) is a virtual repository of learning resources which is not just a repository with search/browse facilities but provides a host of services for the learner community. It is sponsored and mentored by Ministry of Education, Government of India, through its National Mission on Education through Information and Communication Technology (NMEICT). Filtered and federated searching is employed to facilitate focused searching so that learners can find the right resource with least effort and in minimum time. NDLI provides user group-specific services such as Examination Preparatory for School and College students and job aspirants. Services for Researchers and general learners are also provided. NDLI is designed to hold content of any language and provides interface support for 10 most widely used Indian languages. It is built to provide support for all academic levels including researchers and life-long learners, all disciplines, all popular forms of access devices and differently-abled learners. It is designed to enable people to learn and prepare from best practices from all over the world and to facilitate researchers to perform inter-linked exploration from multiple sources. It is developed, operated and maintained from Indian Institute of Technology Kharagpur.
Learn more about this project from here.
NDLI is a conglomeration of freely available or institutionally contributed or donated or publisher managed contents. Almost all these contents are hosted and accessed from respective sources. The responsibility for authenticity, relevance, completeness, accuracy, reliability and suitability of these contents rests with the respective organization and NDLI has no responsibility or liability for these. Every effort is made to keep the NDLI portal up and running smoothly unless there are some unavoidable technical issues.
Ministry of Education, through its National Mission on Education through Information and Communication Technology (NMEICT), has sponsored and funded the National Digital Library of India (NDLI) project.
Sl. | Authority | Responsibilities | Communication Details |
---|---|---|---|
1 | Ministry of Education (GoI), Department of Higher Education |
Sanctioning Authority | https://www.education.gov.in/ict-initiatives |
2 | Indian Institute of Technology Kharagpur | Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project | https://www.iitkgp.ac.in |
3 | National Digital Library of India Office, Indian Institute of Technology Kharagpur | The administrative and infrastructural headquarters of the project | Dr. B. Sutradhar bsutra@ndl.gov.in |
4 | Project PI / Joint PI | Principal Investigator and Joint Principal Investigators of the project |
Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon |
5 | Website/Portal (Helpdesk) | Queries regarding NDLI and its services | support@ndl.gov.in |
6 | Contents and Copyright Issues | Queries related to content curation and copyright issues | content@ndl.gov.in |
7 | National Digital Library of India Club (NDLI Club) | Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach | clubsupport@ndl.gov.in |
8 | Digital Preservation Centre (DPC) | Assistance with digitizing and archiving copyright-free printed books | dpc@ndl.gov.in |
9 | IDR Setup or Support | Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops | idr@ndl.gov.in |