Paridhi Arya
Published on April 27, 2022 at 14:04 IST
The Bench of Supreme Court of Justice MR Shah and Justice BV Nagarathna held that that under UP Gangsters and Anti-Social Activities (Prevention) Act First Time Offender can also be Prosecuted for being part of gang there is no Mandate under the Act that it will be applicable only on Repeated Offenders.
The women filed the Petition stating the she has no Criminal Record and first time her name has appeared in any Criminal Case so her Prosecution under UP Gangsters and Anti-Social Activities (Prevention) Act cannot be made it is against the Applicability of the Act.
Sanjay Kumar Tyagi appearing on behalf of the Uttar Pradesh Government submitted that the said Legislation did not put the Bar in Prosecution of First Time Offender.
“Considering the provisions under Gangsters Act, as they are, even in Case of a Single Offence/First Information Report/Charge-sheet, if it’s found that the accused is a member of a ‘gang’ and has indulged in any of anti-social activities mentioned in Section 2(b) of the Gangsters Act, for himself or any other person and he/she can be termed ‘gangster'” it said.