Gujarat HC Grants Bail To GUJCTOC Accused, Notes 21 Prohibition Cases Among Antecedents
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The Gujarat High Court has granted regular bail to Suleman Dal, who was arrested in connection with a case registered under the Gujarat Control of Terrorism and Organised Crime (GUJCTOC) Act, observing that the prosecution must establish both continuing unlawful activity and the accused's nexus with an organised crime syndicate.
The court noted that 21 of the offences considered for invoking the GUJCTOC Act against Dal were registered under the Prohibition Act.
The single-judge bench observed that, prima facie, in the absence of any substantive or triggering offence other than the prohibition-related cases, the invocation of the stringent GUJCTOC provisions against the applicant required consideration.
Court Examines Continuing Unlawful Activity
The High Court observed that continuing unlawful activity is an essential ingredient for constituting an offence of organised crime under the Act.
"It is required to establish the existence of a continuing unlawful activity and the nexus of the accused with an organised crime syndicate," the court said.
The court further noted that three offences had been taken into consideration for invoking the GUJCTOC Act. Of these, Dal had been acquitted in one case.
It also observed that there appeared to be no allegation or material on record demonstrating the applicant's continuous involvement in illegal activity after 2022.
21 Cases Registered Under Prohibition Act
The court specifically considered the nature of the antecedents relied upon by the prosecution.
It noted that 21 of the offences cited for invoking GUJCTOC were registered under the Prohibition Act. The court said that, prima facie, where there was no substantive or triggering offence apart from these cases, the invocation of GUJCTOC provisions required judicial consideration.
Dal was arrested in connection with an FIR registered at Pradyumannagar Police Station in Rajkot under various provisions of the GUJCTOC Act.
Bail Granted On ₹25,000 Bond
While granting regular bail, the High Court reiterated the principle that bail is the rule and jail is the exception.
The court also noted that prolonged incarceration without trial can affect an accused's constitutional right to personal liberty under Article 21 of the Constitution.
Dal was ordered to be released on a personal bond of ₹25,000 with one surety, subject to the conditions imposed by the court.
