Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Maharashtra Control of Organised Crime Act (MCOCA) - ss.2(1)(e) 2(1)(d) and 3 |
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 Organised Crime Act (MCOCA) - ss.2(1)(e), 2(1)(d) and 3 - "Organised crime" - "Continuing unlawful activity" - Entrance examinations to Postgraduate and undergraduate courses in Medical Science and undergraduate courses in Veterinary Science - Rigging of results Invocation of s.3 of MCOCA - Permissibility- Held: For punishment for offence of organised crime u/s.3 of MCOCA, the accused is required to be involved in continuing unlawful activity which inter alia provides that more than one charge-sheet have been filed before a competent court within the preceding period of ten years and the court had taken cognizance of such offence - Submission of charge-sheets in more than one case and taking cognizance in such number of cases are ingredients of the offence and have to be satisfied on the date the crime was committed or came to be known - An act which is not an offence on the date of its commission or the date on which it came to be known, cannot be treated as an offence because of certain events taking place later on - Procedural requirement for prosecution of a person for an offence can later on be satisfied but ingredients constituting the offence must exist on the date the crime is committed or detected - In the case at hand, the examinations alleged to have been rigged had taken place in January, 2010, June, 2010, November, 2010 and January, 2011 and the date on which the FIRs were registered, more than one charge-sheets were not filed against the accused for the offence of specified nature within the preceding period of ten years and further, the court had not taken cognizance in such number of cases - On the date of commission of the offence, all the ingredients to bring the act within s.3 of MCOCA were not satisfied - Therefore, the accused could not be prosecuted B for the offence u/s.3 of MCOCA - Constitution of India, 1950 - Art. 20(1) - Penal Code, 1860 - s. 120B r/w ss. 420, 467, 471 and 511. |
Judge | Hon'ble Mr. Justice C.K. Prasad |
Neutral Citation | 2014 INSC 945 |
Petitioner | Mahipal Singh |
Respondent | C.b.i. & Anr. |
SCR | [2014] 4 S.C.R. 529 |
Judgement Date | 2014-03-27 |
Case Number | 682 |
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