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2024 Supreme(Guj) 1054

J. C. DOSHI
Akram Amin Bakali – Appellant
Versus
State Of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Abhisheksingh A Bhadouria
For the Respondent: Mr. HK Patel, APP.

JUDGMENT :

1. By way of the present petition under Section 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 section 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 section 2(e) of the GCTOC Act defines organized crime and section 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 mem

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