Offences under the Prohibition Act can attract the GujCTOC Act if they are part of an organized crime syndicate's activities, and custodial interrogation is essential to uncover the financial trail of such illicit trades.

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NEUTRAL CITATION

R/CR.MA/27451/2025 ORDER DATED: 03/03/2026

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO. 27451

of 2025

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SAILESH INDRAMAL KOTHARI JAIN

Versus

STATE OF GUJARAT

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Appearance:

MR. MAULIK M SONI(7249) for the Applicant(s) No. 1

MR. SOHAM JOSHI, APP for the Respondent(s) No. 1

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CORAM:HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI

DESAI

Date : 03/03/2026

ORAL ORDER

1. The applicant who is apprehending arrest at the hands

of State Monitoring Cell, Gandhinagar, has preferred the

present application under Section 482 of the Bharatiya

Nagarik Suraksha Sanhita, 2023 (for short “BNSS”),

praying for anticipatory bail. The FIR in question came

to be registered vide C.R. No.11995001250027 of 2025

registered with State Monitoring Cell Police Station,

Gandhinagar, for the alleged offences as mentioned in

the FIR. The applicant herein is mentioned as accused

no.4 in the FIR.

2. As mentioned in the FIR which came to be lodged under

the provisions of GujCTOC Act, it is mentioned that the

applicant along with other co-accused had formed a

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NEUTRAL CITATION

R/CR.MA/27451/2025 ORDER DATED: 03/03/2026

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crime syndicate which was indulging in organized crime

of trading illicit liquor by importing the same from

various neighbouring states into the State of Gujarat.

3. Heard learned advocate Mr. Maulik M. Soni for the

applicant and learned APP Mr. Soham Joshi for the

respondent – State.

4. Perused the report filed by the S.P. of Cyber Center of

Excellence, State of Gujarat. It is revealed that, around

20 different offences have been registered against the

applicant in different police stations of Gujarat under the

Prohibition Act. It is also revealed that, the applicant

along with other co-accused used to change the engine

number, chassis number and registration numbers of the

vehicles used for transportation of the said illicit liquor

and were also preparing forged Bill-Ts. It has been

mentioned in the report that, the proceeds of the crime

i.e. the monies which are earned from the sale of illicit

liquor are used by the applicant to purchase movable

and immovable properties, and the applicant along with

other co-accused is running a network for commission of

such crimes under the Prohibition Act. It also appears

that, a warrant of arrest under Section 72 of the BNSS

has already been issued against the applicant on

19.11.2025. There were six offences registered against

the applicant, prior to the promulgation of the GujCTOC

Act.

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R/CR.MA/27451/2025 ORDER DATED: 03/03/2026

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5. It would be apposite to refer to Sections 2(1)(c), 2(1)(e)

and 2(1)(f) of GujCTOC Act, 2015 .

Section 2(1)(c) "continuing unlawful activity" means an

activity prohibited by law for the time being in force, which

is a cognizable offence punishable with imprisonment for a

term of three years or more, undertaken either singly or

jointly, as a member of an organised crime syndicate or on

behalf of such syndicate in respect of which more than one

charge-sheet have been filed before a competent court

within the preceding period of ten years and that court has

taken cognizance of such offence;

Section 2(1)(e) "organized crime" means any co