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Supreme Court of India 2017-10-09 disposed

State (NCT of Delhi) vs Brijesh Singh @ Arun Kumar and Anr

Bench: 2 — L. Nageswara Rao

In Brief

The State of Delhi appealed against the discharge of respondents in a case registered under the Maharashtra Control of Organized Crime Act (MCOCA). The key dispute was whether charge sheets filed in courts outside Delhi could be considered in determining if respondents engaged in 'continuing unlawful activity' under MCOCA, and whether MCOCA could apply without organized crime occurring within Delhi. The Supreme Court held that while charge sheets from other States can be taken into account to establish a pattern of criminal activity, there must be substantive organized criminal activity committed within Delhi's territory for MCOCA prosecution to be initiated. The Court dismissed the appeal, upholding the High Court's decision but clarifying the legal principles governing MCOCA's territorial application.

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Organized Crime MCOCA Territorial Jurisdiction Continuing Unlawful Activity Criminal Procedure Extortion Forgery Cheating

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