Raigad.
Mr. Lalit drew our attention to the expression "continuing
unlawful activity" defined in Section 2(i)(d) of the MCOCA,
which reads ... laid special emphasis on the
expression "continuing". He urged that "continuing
unlawful activity" would necessarily mean continuous
engagement in unlawful activity
prosecute the appellants under the MCOCA, the definition of "continuing
unlawful activity", "organized crime" and "organized crime syndicate ... continuing unlawful activity' under Section 2(1)(d)
mainly refers to an activity prohibited by law. The said activity should be
a cognizable offence
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
taken into account for the purpose of satisfying
the ingredients of ‘continuing unlawful activity’ under Section
2(1)(d) of MCOCA. Ignoring that six cases ... Courts below on the expression “Competent
Court” in the definition of continuing unlawful activity is not
correct. According to him, criminal cases in which
cognizance
would reveal that continuing unlawful activity is one of
its ingredients whereas in order to make an activity to be
continuing unlawful one, it should ... without there being a substantive offence
indicating continuity, there would be no continuation of the
unlawful activity and as a corollary no “continuing unlawful
activity
ambit of Section 2(d) MCOCA and do not
constitute a continuing unlawful activity. MCOCA has been incorrectly
invoked; it is impermissible to invoke MCOCA ... continuing unlawful activity are:
a. The activity must be prohibited by law for the time being in force;
b. The activity must be a cognizable
under:
2(e) "organized crime" means any continuing unlawful activity by an individual, singly or jointly, either as a member of an organized ... being prosecuted for continuing with the unlawful activity. Certainly if a person commits no unlawful activity and is not arrested in any case after
cases cannot be considered at the
time of considering the continuous unlawful activities of the respondent
because in the absence of charge-sheet, learned Trial ... continuing unlawful
activities; (ii) that such an activity will have to be
by an individual, singly or jointly; (iii) that
such an activity is either
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 ... continued to be held by the
accused, then the act of continuation of holding that
property became an offence and such continuing unlawful
define the terms "continuing unlawful activity", "organized crime" and "organized crime syndicate" as under:
2. Definitions. - (1) In this ... unless the context otherwise requires,-
(a) .....
(b) .....
(c) .....
(d) "continuing unlawful activity" means an activity prohibited by law for the time being
