Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Maharashtra Control of Organized Crime Act 1999 (As applicable in Delhi): |
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 (Asapplicable in Delhi):ss. 1(2), 2(/)(d), 2(l)(e), 3 and 4 - Prosecution under s. 3 -Validity of - Charge-sheet filed against the respondent~accused -Charge-sheet mentioned two FIRs (FIR No. 69 of 2007 and FIR No.122 of 2010) which were filed in Delhi and referred to six othercases, cognizance whereof was taken by the competent courts inUttar Pradesh - Request made to Special Court to take cognizanceof the offences u!ss. 314 of MCOCA - Special court discharged theaccused holding that it had no jurisdiction to frame charges, asexcept FIR No. 69 of 2007 there was no other case which had beentaken cognizance by competent court in Delhi (FIR No. 122 of 2010not being relevant) and the criminal cases filed in Uttar Pradeshcould not be taken into account for satisfying the ingredients of'continuing unlawful activity' uls. 2(l)(d) -Appeal against the orderof Special Court was dismissed by High Court - On appeal, held:Organised crime which is an offence punishable u/s. 3 means acontinuing unlawful activity - Relevant pre-condition for consideringan activity as continuing unlawful activity, is that there should betwo charge-sheets within JO years m:zd a competent court has takencognizance of such charge-sheets - Organised crime is not an activityrestricted to a particular State - 'Competent Courts' in the definitionof 'continuing unlawful activity' is not restricted to courts in Delhialone - Therefore charge-sheets filed in competent courts in State' other than Delhi not to be excluded - In case the nexus betweencharge-sheets filed in competent courts outside Delhi and the thosefiled in Delhi are sufficiently established, prosecution under MCOCAcannot be held invalid on account of extra-territoriality - Therefore,in the present case, charge-sheets filed in competent courts in Uttar Pradesh should not have been excluded from consideration -However, an activity of organised crime in Delhi is sine qua non forregistration of a crime under MCOCA - In the absence of anorganised crime being committed in Delhi, accused cannot beprosecuted on the basis of charge-sheets filed outside Delhi - OnlyB an activity which is a cognizable offence punishable with minimumsentence of three years or more would be a continuous unlawfulactivity uls. 2( 1 )( d) - In the present case FIR No. 122 of 2010 cannotbe taken into account, as punishment for two of the offences thereinis less than 3 years and one of the offences is non-cognizable - InFIR No. 69 of 2007, .there was no criminal activity pertaining toC organised crime within the territory of Delhi - Thus, no cause ofaction arises for initiation of proceedings under MCOCA.Interpretation of Statutes:Interpretation of penal statute - The principles of strictconstruction are adopted for interpretation of penal statutes -However, even a penal provision should be interpreted to advancethe object which the legislature had in view - MCOCA waspromulgated with the object of arresting organised crime - Theprovisions of MCOCA should be interpreted in a manner whichwould advance the object of MCOCA - Maharashtra Control ofOrganised Crime Act, 1999. |
Judge | Hon'ble Mr. Justice L. Nageswara Rao |
Neutral Citation | 2017 INSC 1018 |
Petitioner | State (nct Of Delhi) |
Respondent | Brijesh Singh @ Arun Kumar And Anr. |
SCR | [2017] 11 S.C.R. 899 |
Judgement Date | 2017-10-09 |
Case Number | 1750 |
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