Back
C. S. DIAS
Muhammad Rasheed – Appellant
Versus
State of Kerala – Respondent
ORDER
The collateral question that arises for consideration in this bail application is whether an offence of ‘organised crime’, defined under Section 111 (1) of the Bharatiya Nyaya Sanhita, 2023, can be attributed against an accused who has no criminal antecedents.
2. The 1st accused in Crime No.504/2024 of the Karipur Police Station, Malappuram, has filed the application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
3. The factual substratum of the prosecution case is that the Detecting Officer received information that the accused 1 to 3 had hatched a conspiracy to commit an organised crime to smuggle gold into the Country. Accordingly, on 02.07.2024, at around 07:30 hours, when the 1st accused arrived at the Calicut International Airport, he was intercepted, and frisked. Then it was found 964.5 grams of liquid gold, having a value of Rs.68,00,000/-, was concealed in capsules in his body. The 1st accused was arrested on the spot. Subsequently, the accused 2 and 3 were also arrested. Thus, the accused have committed the offence punishable under Section 111 (7) of the Bharatiya Nyaya Sanhita, 2023 (hereinafter referred to as ‘BNS’, for brevity).
4. Heard; Sri.
Bail application – Organised Crime – To attract offence under Section 111 (1) of BNS it is imperative that a group of two or more persons indulge in any continuing unlawful activity prohibited by law....
To establish organised crime under Section 111 of the BNS, more than one charge sheet must be filed against the accused within ten years; absence of such negates the offence.
The absence of legally admissible evidence against the accused, particularly regarding organized crime, is crucial for granting bail under the Narcotic Drugs and Psychotropic Substances Act.
The court upheld the retrospective application of the B.N.S. provisions, confirming that prior charge sheets and cognizance taken are sufficient to establish cognizable offences under organized crime....
Insufficient evidence to connect petitioners to drug trafficking; financial transactions and co-accused statements inadmissible as evidence.
To classify offences under organised crime, there must be admissible evidence of unlawful activity, which the petitioners lacked, justifying the granting of pre-arrest bail.
(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 ha....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
