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C. S. DIAS
ALI AKBAR S/O MOIDEENKUTTY – Appellant
Versus
STATE OF KERALA – Respondent
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
To establish an offense of organized crime under Section 111 of the Bharatiya Nyaya Sanhita, 2023, it is essential to demonstrate a continuing unlawful activity with multiple charge sheets filed with....
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 court established that organized crime under Section 111(1) of the BNS requires evidence of continuing unlawful activity and prior charge sheets, and the absence of such evidence negates the appl....
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....
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....
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