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Legal News 16 December 2022

Substantive law should be construed strictly - Supreme Court

Hearing the case of State of Gujarat vs sandeep om prakash gupta  , the Supreme Court held that it is a sound rule of construction that the "Substantive law"  should be construed strictly to give effect and protection to the substantive rights unless the statute otherwise intends. There would have to be some act or omission which amounts to organized crime after the 2015 Act came into force i.e., 01.12.2019 in respect of which, the accused is sought to be tried for the first time in the Special Court. The activities which were an offense under the law in force at the relevant time and in respect of which two charge sheets have been filed and the Court has taken cognizance. Therefore, during the period of the preceding ten years, it will be considered as continuing lawful activity on 01.12.2019 or thereafter.

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