Mohd. Muslim vs State Of U.P. And Another on 3 August, 2023
Necessity of deeper application of mind- The imposition of Gangsters Act calls for a deeper application of mind and the satisfaction of the authorities must be based on a definite opinion against an accused person. (Shubhankar Gupta Vs. State of U.P.; (2019) 1 A.Cr.R. 2)
Caution for misuse of the provisions- The provisions of the Act cannot be used as a weapon to wreck vengeance or harass or intimidate innocent citizens or to settle scores on political or other fronts. The prosecution has to bear in mind that it has to bring home the guilt.