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
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
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
Seelampur and Shahdara. The accused was found to be engaged in
continuous unlawful activities and was running an organized crime syndicate. He
saw the previous ... activity is committed by use
of violence or threat of violence or intimidation or coercion or other unlawful
means and, (d) this unlawful activity
allegations made against the accused satisfy all other ingredients
of continuing unlawful activity, the requirements of submission of more
than one charge-sheets before ... requires,-
xxx xxx xxx
(e) "organised crime" means any continuing unlawful activity by
an individual, singly or jointly, either as a member
Petitioner that is the essential ingredients of organized
crime that the continuing unlawful activity should have
been committed by use of violence or threat ... unlawful
activities, i.e. activities which is prohibited by law and is
a cognizable offence punishable with imprisonment for
three years and more. The activity
argument, attention has been drawn to the definition of
"continuing unlawful activity" as contained in Section ... purposes of deciding whether the
petitioner is guilty of a continuing unlawful activity.
6 Arguments have been refuted. Learned counsel for the State has
pointed
position under the MCOC Act .
Section 2 (d) of MCOCA defines continuing unlawful activity as
under :
"An activity prohibited by law for the time ... court had taken
cognizance on the chargesheet against him for his continuing
unlawful activities. After going through the record, the activities of
Kuldeep Tokas were
local club
threatening them with dispossession from their own land for
continuing unlawful activities. Since the official respondents
despite being approached did not attempt
them and accordingly they have also not been involved
in any continuing unlawful activity. Hence there could be
no organized crime or any organized crime ... obtained on
15.09.2005.
18. Therefore, it is seen that the continuing unlawful
activity, in respect of which more than one charge
sheets have been filed
