STATE OF GUJARAT Vs. SANDIP OMPRAKASH GUPTA

JUDGEMENT

(1.) Leave granted.

(2.) This appeal is at the instance of the State of Gujarat and is directed against the order passed by the High Court of Gujarat dtd. 6/5/2021, in R/Criminal Miscellaneous Application No. 3819 of 2021 by which the High Court ordered release of the respondent accused herein on bail in connection with the First Information Report being C.R. No. 11210015200100 of 2020 registered with the D.C.B. Police Station, Surat City, District Surat for the offences punishable under Ss. 3(1)(i) and (ii), 3(2) and 3(4) resply of the Gujarat Control of Terrorism and Organised Crime Act, 2015 (for short, the 2015 Act).

(3.) The question that falls for our consideration is: whether the requirement of continuing unlawful activity, as defined under Sec. 2(1)(c) of the 2015 Act, necessarily requires a separate FIR to have been registered against any purported member of a gang after the promulgation of the 2015 Act i.e., after 1/12/2019? To put it in other words: whether an FIR under the 2015 Act (Special enactment) is maintainable in law or can be registered if there is no FIR registered against the accused after the promulgation of the 2015 Act for any offence under the IPC or any other statute?