Bharatiya Nyaya Sanhita, 2023–Secs. 111(2)(b), 111(3), 111(4) & 111(6) [Newly Inserted]–Charge framed for the offence–Sustainability–An organized crime syndicate is not constituted merely by the fact that two or more persons are alleged to have participated in a criminal transaction–Recovery of certain banking documents which were being used for cyber fraud transactions–The charge-sheet does not disclose any prior criminal enterprise attributable to the petitioners or any identified syndicate–It does not supply the critical deficiency of material establishig a pattern of recurring criminal activity by the organized syndicate over any discernible period–No material disclosing the specific dates, amounts, frequency, and co-ordinated criminal enterprise, or any evidence establishing that the accused collectively operated a structured ongoing scheme for organized cyber fraud–No antecedent/criminal history of the accused referrable to organized cyber fraud activity–The material does not disclose the identity of the victims of the alleged underlying cyber fraud, the modus operandi by which the fraud was perpetrated upon them, the network through which the proceeds were laundered or distributed across a criminal enterprise or hierachical arrangement through which the alleged criminal enterprise was co-ordinated and managed at any level above the three accused persons–Held, impugned order cannot be sustained.
