crime; (i) that there has
to be continuing unlawful activities; (ii) that such an activity
(continuing unlawful activity) will have to be by an individual ... crime" is constituted by atleast one
instance of continuation, apart from continuing unlawful
activity evidenced by more than one charge sheets in
preceding
more particularly definition of Section 2(c) thereof, which defines
"continuing unlawful activity", has submitted that the registration of the FIR
reveals that ... continuing unlawful activity' under Section 2(1)(d) mainly refers
to an activity prohibited by law. The said activity should be a cognizable offence
been held
that,
"In order to constitute "continuing unlawful activity"
following requirements of law should be satisfied :
i. more than one charge ... continuing unlawful act'
which is prohibited by law and must be cognizable
offence punishable with imprisonment for three years or
more. Such unlawful activity
crime No.251/2020 of Sadar P.S.,
are involved in “Continuing Unlawful Activity”, defined in section 2
(1) (d) and (e) of MCOCA ... ingredients of Section
9
2(1)(d) , which defines ‘continuing unlawful activity’ and Section 2(1)(e) ,
which defines ‘organised crime’, was not sufficient
background of their activities, it is clear that there is an organized crime syndicate indulging in unlawful activities which are continuing. Therefore, the case comes ... prima facie demonstrate that the activities indulged in are an organized crime. The activities have to be continuing and unlawful. They have
2013 17:15:56 :::
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3 J-A239-11.sxw
continuing unlawful activity and this is evident from the chargesheets
filed against him within ... MCOCA as under :
" Sec. 2(d) . "Continuing unlawful activity" means an activity
prohibited by law for the time being in force, which
ORDER DATED: 07/09/2022
sheets is in reference to continuing unlawful
activities by organized crime syndicate and not qua
individual member. Once there ... continuously the offences are registered against the
applicant, which would show the involvement of the
applicant in continuing unlawful activities.
6.1 I have considered
acts defined under the provisions of Sections 2(1)(d) "continuing
unlawful activity", 2(1)(e) "organised crime ... ambit of MCOCA, it is
necessary to demonstrate that there was continuing unlawful activity
as defined under Section 2(1)(d) of MCOCA. He would
define continuing unlawful activity,
organised crime and organised crime syndicate respectively. Even at
the stage of framing of the charge, the Court is obliged ... unless the context otherwise requires,-
(a) .....
(b) .....
(c) .....
(d) "continuing unlawful activity" means an activity prohibited
by law for the time being
reads as under:
"(e) "Organized crime" means any
continuing unlawful activity by an individual,
singly or jointly, either as a member ... Section 2(d) of the Act which defines the term
'Continuing unlawful activity', reads as under:
"(d) "Continuing unlawful activity
