SANDIP OMPRAKASH GUPTA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard the learned advocates for the respective parties through video conferencing.

(2.) The present application is filed under Section 439 of the Code of Criminal Procedure in connection with an F.I.R. being C.R. No.11210015200100 of 2020 registered with D.C.B. Police Station, Surat City, Dist.Surat for the offences punishable under Sections 3(1)(i) and (ii), 3(2) and 3(4) of the Gujarat Control of Terrorism and Organized Crime Act, 2015.

(3.) The case of the prosecution in nutshell is that one Muzzafarali alias Asif Tomato, resident of Salabatpura, Surat city, is a leader of one gang called - Asif Tameta Gang and engaged in several offences or illegal activities. It is further alleged that the above gang comprises of 14 members and the applicant is alleged to be one of them. The last offence or unlawful activity committed by the applicant is as stated in F.I.R. being C.R.No.I-29 of 2019 registered with the Dahej Police Station on 05.05.2019 for the offences of cheating and forgery. Thus, it is stated that there is continuing unlawful activity within the meaning of the Act.