Organised crime prosecution requires prior charge-sheets and cognizance existing when the offence is committed or first detected.

The Supreme Court of India explained that invoking Section 3 of the Maharashtra Control of Organised Crime Act depends on the existence of continuing unlawful activity, including cognizable offences punishable with at least three years' imprisonment, more than one charge-sheet before a competent court within the preceding ten years, and cognizance by that court. Those ingredients must be satisfied when the alleged act is committed, or when it first comes to light if the date of commission is unknown; a later event cannot retrospectively attract the penal provision. Article 20(1) reinforces that punishment must rest on law in force at the time of commission, so the invocation was unsustainable.

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Issues: Whether the ingredients for invoking Section 3 of the Maharashtra Control of Organised Crime Act, 1999 were satisfied on the date of commission or detection of the alleged offence, particularly the requirement of more than one charge-sheet before a competent court within the preceding ten years and cognizance having been taken.

Analysis: The statutory scheme treats "organised crime" as dependent upon "continuing unlawful activity", which in turn requires cognizable offences punishable with imprisonment of three years or more and the filing of more than one charge-sheet before a competent court within the preceding ten years, followed by cognizance by that court. The relevant ingredients must exist when the act is committed, or when it first comes to light if the exact date of commission is unknown. A later occurrence cannot retrospectively convert an act into an offence for the purpose of the penal provision. Article 20(1) of the Constitution of India reinforces that conviction must be for an offence under law in force at the time of commission.

Conclusion: The requirement of prior charge-sheets and cognizance was not satisfied when the alleged offences were committed or detected. Invocation of Section 3 of the Maharashtra Control of Organised Crime Act, 1999 was therefore unsustainable against the accused.

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