( 1 ) THE petitioner, who seeks bail, has been arrayed as A - 19 in the crime, which is pending investigation, for the alleged offences punishable under Sections 120-B, 255, 258, 259, 260, 263 (A), 420, 471, 472, 474, 34 of the Indian Penal Code r/w sections 64 (c) and 69 (b) of the Indian Stamp act and Sections 3 (1) (ii), 3 (2), 3 (4), 3 (5) and 4 of Andhra Pradesh Control of Organized crime Act, 2001 (for short "apcoca" ).

( 2 ) THE Government of Andhra Pradesh have constituted a Stamps Investigation team (S. I. T.) for investigation of the fake stamps cases. Consequently, all the crimes that have been registered earlier at various police stations have been brought within the purview of S. I. T. Having regard to the magnitude of the crime and its area of operation having been spread over in different States in the country, the investigation in this case has been entrusted to Central Bureau of Investigation, pursuant to the orders passed by the Apex Court.

( 3 ) DURING the course of investigation, A-2 in the crime is said to have made a confession before the competent authority, which reveals the involvement of the petitioner in the crime. Inasmuch as confession made to police officer who is competent to record the same, is admissible under Section 18 of the APCOCA, the confession said to have been made by A-2 forms a basis of the case against the petitioner. The petitioner was arrested on 07-04-2004 and since then he has been in judicial custody.

( 4 ) IT is the contention of the learned senior Counsel for the petitioner that the petitioner has not been involved in any other case so far much less a cognizable offence punishable with imprisonment for three years or more preceding the period of 10 years from the date of offence in this case and therefore the provisions of Section 3 of apcoca cannot be invoked as against the petitioner. It is the further contention of the learned Senior Counsel for the petitioner that since the petitioner has been in judicial custody since 07-04-2004 onwards and as no charge sheet has been filed so far against the petitioner, although more than 90 days period has been elapsed, the petitioner is entitled to bail as matter of right.

( 5 ) INASMUCH as the offence alleged against the petitioner is punishable under section 3 of the APCOCA among various other offences under the Indian Penal Code, it is appropriate to consider the provisions of apcoca at the first instance.

( 6 ) FROM the scheme of the Act, it is obvious that a special Act has been passed for curbing effectively the menace of organised crime and its ramifications in the society and on the economy of the State. Section 2 of the Act, is an interpretation clause. Clause (d) thereof seeks to define the expression "continuing unlawful activity". Similarly clauses (e) and (f) seek to define the expressions "organised crime" and "organised crime syndicate" respectively clauses (d) (e) and (f) may be extracted here under thus :" (D) "continuing unlawful activity" means 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 either single or jointly, as a member of an organised crime syndicate or on behalf of such syndicate in respect of which more than one charge sheet have been filed before a competent Court within the preceding period of ten years and that Court has taken cognizance of such offence :"" (E) "organised crime" means any continuing unlawful activity by an individual, single or jointly, either as a member of an organised crime syndicate or on behalf of such syndicate. by use of violence or threat of violence or intimidation or coercion, or other unlawful means. with the objective of gaining pecuniary benefits, or gaining undue economic or other advantage for himself or any other person or promoting insurgency :"" (F) organised crime syndicate" means a group of two or more persons who acting either singly or collectiv