Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 2015: s.2(1)(c) Gujarat Control of Terrorism and Organised Crime Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Gujarat Control of Terrorism and Organised Crime Act, 2015: s. 2(1)(c) – Whether an FIR under the 2015 Act is maintainable in law or can be registered if there is no FIR registered against the accused after the promulgation of the 2015 Act for any offence under the IPC or any other statute – Held: The term, ‘organised crime’ indicates that there has to be an activity prohibited by law for the time being in force which is a cognizable offence punishable with imprisonment of three years or more, undertaken as singly or jointly as a member of organised crime syndicate or on behalf of such syndicate, in respect of which activity more than one chargesheets have been filed before a competent court within the preceding period of ten years and the Court has taken cognizance of such offence – There would have to be some act or omission which amounts to organised crime after the 2015 Act came into force i.e., 01.12.2019 in respect of which, the accused is sought to be tried for the first time in the special court – For the purpose of organised crime, there has to be a continuing unlawful activity – There cannot be continuing unlawful activity unless at least two chargesheets are found to have been lodged in relation to the offence punishable with three years’ imprisonment during the period of ten years – It nowhere by itself declares any activity to be an offence under the said 2015 Act prior to 01.12.2019 – It also does not convert any activity done prior to 01.12.2019 to be an offence under the said 2015 Act – It merely considers two chargesheets in relation to the acts which were already declared as offences under the law in force to be one of the requisites for the purpose of identifying continuing unlawful activity and/or for the purpose of an action under the said 2015 Act – If the person continues with the unlawful activities and is arrested, after the promulgation of the said Act, then, such person can be tried for the offence under the said Act – If a person ceases to indulge in any unlawful act after the said Act, then, he is absolved of the prosecution under the said Act – If he continues with the unlawful activity, it cannot be said that the State has to wait till, he commits two acts of which cognizance is taken by the Court after coming into force – Organised Crime. |
Judge | Hon'ble Mr. Justice J.B. Pardiwala |
Neutral Citation | 2022 INSC 1288 |
Petitioner | The State Of Gujarat |
Respondent | Sandip Omprakash Gupta |
SCR | [2022] 17 S.C.R. 765 |
Judgement Date | 2022-12-15 |
Case Number | 2291 |
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