MUHAMMAD RASHEED Vs. STATE OF KERALA

JUDGEMENT

(1.) The collateral question that arises for consideration in this bail application is whether an offence of 'organised crime', defined under Sec. 111 (1) of the Bharatiya Nyaya Sanhita, 2023, can be attributed against an accused who has no criminal antecedents.

(2.) The 1st accused in Crime No.504/2024 of the Karipur Police Station, Malappuram, has filed the application under Sec. 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(3.) The factual substratum of the prosecution case is that the Detecting Officer received information that the accused 1 to 3 had hatched a conspiracy to commit an organised crime to smuggle gold into the Country. Accordingly, on 2/7/2024, at around 07:30 hours, when the 1st accused arrived at the Calicut International Airport, he was intercepted, and frisked. Then it was found 964.5 grams of liquid gold, having a value of Rs.68,00,000.00, was concealed in capsules in his body. The 1st accused was arrested on the spot. Subsequently, the accused 2 and 3 were also arrested. Thus, the accused have committed the offence punishable under Sec. 111 (7) of the Bharatiya Nyaya Sanhita, 2023 (hereinafter referred to as 'BNS', for brevity).