To establish organised crime under Section 111(1) of the Bharatiya Nyaya Sanhita, prior charge sheets within ten years are essential, which were not present in this case.

O R D E R

Dated this the 12th day of September,2024 The application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, by the sole accused in Crime No.632/2024 of the Kozhinjampara Police Station, Palakkad, which is registered against him for allegedly committing the offences punishable under Sections 111 (3), 111(7) & 281 of the Bharatiya Nyaya Sanhita, 2023 (in short, ‘ BNS ’), and 179 of the Motor Vehicles Act, 1988 . The petitioner was arrested and remanded to judicial custody on 18.07.2024. 2. The crux of the prosecution case is that: on 17.02.2024, at around 22:30 hours, when the Inspector of Police of the above Police Station was conducting patrolling duty, he found the accused were proceeding in a car bearing Registration No.KL-53E-5060. When he attempted to intercept the car, the accused drove away the vehicle without obeying the directions of the Police. Accordingly, the Police had chased and intercepted the vehicle, and in the search conducted in the vehicle, they recovered Rs.20,40,000/- from the vehicle. The accused was unable to satisfactorily account for the money recovered. It is assumed that the money was used for illegal activities affecting the economy of the country. Thus, the accused has committed the above offences.

3. Heard; Sri. Sarath K.P., the learned counsel appearing for the petitioner and Smt. Pushpalatha M.K., the learned Senior Public Prosecutor.

4. 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 charge sheet filed against the accused before a competent Court within the preceding period of ten years, and the Court has taken cognizance of such an offence. In the case on hand, the above offence is not attracted because the petitioner does not have any criminal antecedents. In any given case, the petitioner was arrested on 18.07.2024, the investigation is complete, recovery has been effected. Hence, the petitioner may be enlarged on bail.

5. The learned Public Prosecutor strenuously opposed the application. She argued that the petitioner has committed a serious economic offence by having unaccounted money. Section 111 (1) of BNS defines organised crime as any continuing unlawful activity, including economic offences. Explanation (iii) of sub- section (1) of Section 111 specifically defines economic offence, which includes hawala transactions. The act committed by the petitioner squarely falls within the purview of sub-section (1) of Section 111 of the and is punishable under sub-section (7) of Section 111 of the . There is no necessity for the accused to have criminal antecedents. If the petitioner is enlarged on bail, he is likely to intimidate the witnesses, tamper with the evidence and flee from justice. Moreover, the investigation is in progress. Nevertheless, she did not dispute the contention that no charge sheet has been filed against the petitioner within the preceding ten years as per the prescription under explanation (ii) of sub-section (1) of Section 111 of the .

6. The prosecution alleges that the petitioner having unaccounted money of Rs.20,40,000/- for illegal activities.

7. The sheet anchor of the argument of the learned Counsel for the petitioner is that the offence under Section 111 (1) of the BNS is not attracted against the petitioner primarily because no charge sheet has been filed against him before any competent Court to date.

8. The Bharatiya Nyaya Sanhita Bill 2023, aimed to modernise and transform the criminal justice delivery system in India, was passed by the Parliament and received the assent of the President on 25.12.2023. The provisions of the Bharatiya Nyaya Sanhita (Act 45 of 2023), except sub-section (2) of Section 106, came into force on 1.07.2024. By virtue of Section 358 of the BNS , the Indian Penal Code, 1860, stands repealed. The has introduced new offences, including the offence of organ