MAYKAL NAGINBHAI DAMOR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of present application under Sec. 439 of the Code of Criminal Procedure, the applicant has prayed for regular bail in connection with the FIR being 11188003210362 of 2021 registered at Bhiloda Police Station, District Aravalli for the offences punishable under Ss. 3(1)(i) , 3(1)(ii) , 3(2) , 3(3) , 3(4) , 3(5) , 4 etc. of the Gujarat Control of Terrorism and Organized Crime Act (GCTOC), 2015 (hereinafter referred to as 'the Act' for short).

(2.) Learned advocate Mr. Moulik Soni appearing for the applicant made the following submissions:

(3.) Learned APP vehemently opposed this application and submitted that the applicant has completely misinterpreted the provisions of the Act. Sec. 2(1)(c) of the Act provides that continuous unlawful activity, which means an activity prohibited by law for the time being in force, which is a cognizable offence in nature and punishable with imprisonment for three years or more as the offence against the prohibition act is also the offence, which is cognizable offences, provides for three year's punishment and the same can be considered in view of the Act. He further points out that out of four offences, which have been considered for invoking the Act and in all four offences, charge sheet is filed against the applicant, and therefore, the Act has rightly been invoked against the present applicant. He further submitted that as there are three offences have registered against the present applicant in the year 2020 which would indicate that the applicant is in continuous unlawful activity even after the Act came into force.