revealed that the
appellant had taken active part in continuing unlawful
activities and commission of organized crime on behalf of
organized crime syndicate headed ... MCOC Act defines continuing unlawful activity. This
provision requires that an activity can be a continuing
unlawful activity if it is prohibited
organized
crime syndicate of Nilesh Ghaiwal as there is no "continuing
unlawful activity" as contemplated under Section 2(d) of the
MCOC ... activity, continuing unlawful activity. This section only defines
what the activity is. It does not itself provide for any punishment
for that activity. Had punishment
Section 2(1)(d) of the MCOC Act which defines
"continuing unlawful activity". Consequently, the appellant
cannot be tried for offences under ... unlawful activities committed by the organized crime
syndicate. Requirement of one or more charge-sheet is qua
the unlawful activities of the organized crime syndicate
Chandilkar. He further submitted that the
gang has been involved in continuing unlawful activity and nearly 29
3 / 12
::: Uploaded on - 05/08/2015 ::: Downloaded ... states the definitions of the terms under the
MCOC Act . The continuing unlawful activity is suppose to be a core of the
offences. The definition
such offence, such successive unlawful activity by itself becomes an organised crime. In other words, the singular unlawful activity would attract the provisions of ordinary ... showing the continuous chains, link of events fulfilling the requirement of the organized crime or organised crime syndicate or continuing unlawful activities.
12. This
record, I am satisfied that there is sufficient
evidence to prove continuous unlawful activities of the organized crime
syndicate headed by gangster Anis ... WHEREAS, I am satisfied that there is sufficient evidence to
prove continuous unlawful activities of the organized crime syndicate
headed by accused Anis Ibrahim Kaskar
crime;
(v) that there is sufficient evidence to prove the continuous unlawful
activity of the organized crime syndicate led by Ayub Chikna and
more than ... Appeal.198.22.doc
the provisions of Section 2(d) defining continuing unlawful activity does not
envisage charge-sheets in relation to 'organized crime
learned senior counsel has
referred to the definition of a "continuing unlawful activity", "organised
crime" and "organised crime syndicate ... continuing unlawful
activity ;
(ii) that such an activity will have to be by an
individual, singly or jointly ;
(iii) that such an activity is either
Section 2(1)(d) of the MCOC Act which defines
"continuing unlawful activity". Consequently, the appellant
cannot be tried for offences under ... unlawful activities committed by the organized crime
syndicate. Requirement of one or more charge-sheet is qua
the unlawful activities of the organized crime syndicate
Supreme Court.
Section 2 (1) (d) defines expression 'continuing unlawful
activity' means an activity prohibited by law for the time
being in force ... continuing unlawful activity' under
Section 2(1)(d) mainly refers to an activity prohibited by
law. The said activity should be a cognizable offence
