2022 Supreme(SC) 1251

SUPREME COURT OF INDIA
S. Abdul Nazeer, J.B. Pardiwala, JJ.
The State of Gujarat – Appellant
Versus
Sandip Omprakash Gupta – Respondents
Criminal Appeal No. 2291 of 2022 (Arising out of SLP (Criminal) No. 6101 of 2021)
Decided On : 15-12-2022

IMPORTANT POINTS
(1) Organised Crime – For the purpose of organised crime, there has to be continuing unlawful activity – There cannot be continuing unlawful activity unless at least two charge-sheets are found to have been lodged in relation to offence punishable with three years’ imprisonment during period of ten years.
(2) Substantive law should be construed strictly so as to give effect and protection to substantive rights unless statute otherwise intends – Presumptions or assumptions have no role in the interpretation of penal statutes.

Headnote:

(A) Criminal Law – Organised Crime – [Gujarat Control of Terrorism and Organised Crime Act, 2015 – Section 3] – 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 charge-sheets have been filed before a competent court within preceding period of ten years and Court has taken cognizance of such offence. (Paras 23 and 24)

(B) Gujarat Control of Terrorism and Organised Crime Act, 2015 – Section 20(4) – Criminal Procedure Code, 1973 – Section 439 – Bail – Power to grant bail by High Court or Court of Sessions is not only subject to limitations imposed by Section 439 of Code but is also subject to limitations placed by Section 20(4) of 2015 Act – Apart from grant of opportunity to Public Prosecutor, other twin conditions are: satisfaction of court that there are reasonable grounds for believing that accused is not guilty of alleged offence and that he is not likely to commit any offence while on bail – Conditions are cumulative and not alternative – Satisfaction contemplated regarding accused being not guilty has to be based on reasonable grounds – Expression ‘reasonable grounds’ means something more than prima facie grounds – It contemplates substantial probable causes for believing that accused is not guilty of alleged offence – Reasonable belief contemplated in the provisions requires existence of such facts and circumstances as are sufficient in themselves to justify satisfaction that accused is not guilty of alleged offence – Recording of findings under said provision is a sine qua non for granting bail under 2015 Act. (Para 28)

(C) Interpretation of Statute – Rule of Strict Construction – Substantive law should be construed strictly so as to give effect and protection to substantive rights unless statute otherwise intends – Basic rule of strict construction of a penal statute is that a person cannot be penalised without a clear letter of the law – Presumptions or assumptions have no role in the interpretation of penal statutes – They are to be construed strictly in accordance with provisions of law – Nothing can be implied – In such cases, courts are not so much concerned with what might possibly have been intended – Instead, they are concerned with what has actually been said. (Paras 46 and 47)

Facts of the case:

Present appeal is at the instance of the State of Gujarat and is directed against order passed by the High Court of Gujarat dated 06.05.2021, in R/Criminal Miscellaneous Application No. 3819 of 2021 by which High Court ordered release of the respondent accused herein on bail in connection with the First Information Report being C.R. No. 11210015200100 of 2020 registered with D.C.B. Police Station, Surat City, District Surat for the offences punishable under Sections 3(1)(i) and (ii), 3(2) and 3(4) of Gujarat Control of Terrorism and Organised Crime Act, 2015.

Findings of Court:

Continuing unlawful activity evidenced by more than one charge-sheets is one of the ingredients of the offence of organised crime and purpose thereof is to see the antecedents and not to convict, without proof of other facts which constitute the ingredients of Section 2(1)(e) and Section 3, which respectively define commission of offence of organised crime and prescribe punishment.

Result : Appeal disposed of.