ORDER :

1. 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 accused in Crime No. 784/2024 of the Kalpakanchery 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, on 02.07.2024, at about 10:40 hours, the accused, who is part of an organised crime syndicate, was found in possession of unaccounted money of Rs.4,07,200/-. The accused was arrested on the spot. Thus, the accused has committed the offences punishable under Sections 111 (3) and 111 (7) of the Bharatiya Nyaya Sanhita, 2023 (hereinafter referred to as 'BNS', for brevity).

4. Heard; Sri.Sarath K.P., the learned counsel appearing for the petitioner and Smt.Seetha.S., the learned Senior Public Prosecutor.

5. The learned Counsel for the petitioner zealously argued that to attract the offence under sub-section (1) of Section 111 of the BNS, it is imperative that there should be more than one ch