AKRAM AMIN BAKALI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present petition under Sec. 438 of the Code of Criminal Procedure, 1973, the petitioner has prayed to release him on anticipatory bail in case of his arrest in connection with the FIR registered as Part -B C.R.No.11210061210073 of 2021 registered with Lal Gate Police Station, Surat.

(2.) Learned advocate for the petitioner would submit that the petitioner is arraigned as accused under Sec. 3(1),(ii),3(2) and 3(4) of the Gujarat Control of Terrorism and Organized Crime Act, 2015 (for short 'GCTOC Act'). He would further submit that in order to attract the provisions for which the petitioner / accused is arraigned, prosecution prima facie is required to prove terrorist act or organised crime said to have been committed by the petitioner / accused. He would further submit that Sec. 2(e) of the GCTOC Act defines organized crime and Sec. 2(h) defines terrorist act. He would submit that organized crime means any continuing unlawful activity including extortion, land grabbing, contract killing, economic offences, Cyber crimes having severe consequences, human trafficking racket for prostitution for ransom by an individual, singly or jointly, either as a member of an organized crime syndicate or on behalf of such syndicate, by use of violence or threat of violence or intimidation or coercion or other unlawful means. He would further submit that terrorist act said to have committed if it is done with intention to disturb public order or threaten the unity, integrity and security of the State or to strike terror in the minds of people or any Sec. of the people by doing an act using bombs, dynamite or any other explosive substance or inflammable material or firearms or other lethal weapons or poison or noxious gases or other chemicals or any other substance hazardous in nature in such a manner so as to cause or likely to cause death or injury to any public functionary or any person or loss due to damage or destruction of property or disruption of any supplies or services essential to the life of the community or an act of detaining any person and threatening to kill or injure such person in order to compel the State Government to do or abstain from doing any act.

(3.) On the other hand, learned APP firstly questioned maintainability of the petition inter-alia on the ground that Sec. 20(3) of the GCTOC Act clearly bar applicability of Sec. 438 of Cr.P.C. in case under GCTOC and therefore, anticipatory bail application filed by the petitioner is not maintainable. He referred to judgment of Co-ordinate Bench in the case of Dipakbhai Laxmanbhai Asoda v/s. State of Gujarat [Criminal Misc. Application No.23440 of 2022] as well as in the case of Romizkhan Mahmadkhan @ Rajbha Jat Malek v/s. State of Gujarat [Criminal Misc. Application No.775 of 2022] to buttress his submission. He would further submit that apart from statutory bar under Sec. 20(3) of the GCTOC Act, present petitioner is evading his arrest. The petitioner / accused is not co-operating in investigation. It is submitted that Sec. 70 warrant has been issued by the learned Special Judge against the petitioner. Lookout notice is also issued against the petitioner which indicates that petitioner is not co-operating in investigation and therefore, the petitioner may not be granted anticipatory bail.