The right to a speedy trial under Article 21 of the Constitution of India overrides the stringent bail conditions of special statutes like the GUJCTOC Act when there is prolonged incarceration without trial.

ORDER

[1.0] RULE. Learned APP waives service of notice of Rule for and on behalf of the respondent – State of Gujarat.

[2.0] Present Criminal Misc. Application is filed by the applicant under Section 483 of the Bharatiya Nyaya Suraksha Sanhita, 2023 (for short “BNSS”) for regular bail in connection with FIR being C.R.No.11186009260133 of 2026 registered with Veraval Police Station, District-Gir Somnath, for the offence under Sections 3(1)(ii), 3(2) and 3(4) of the Gujarat Control of Terrorism and Organized Crimes Act, 2015 (for short “GUJCTOC Act”).

[3.0] Learned advocate for applicant, Mr.Acharya, has submitted that the applicant is falsely implicated in the offence and GUJCTOC is wrongly invoked, particularly in the offence pertaining to the Gujarat Prohibition Act. Even for the sake of argument, if it is accepted that the applicant-accused is involved in the prohibition offences, in that case also, PASA is required to be invoked. He submitted that no case is made out with regard to illegal activity of the applicant or he being a member of an unlawful assembly. The present applicant is not involved in continuous illegal activity. He submitted that seven offences are registered, and that too under the Gujarat Prohibition Act and Gambling Act etc, therefore, GUJCTOC is wrongly invoked. He submitted that the applicant is arrested on 20.02.2026 and trial is yet to be progressed, therefore, on the ground of delay also, present applicant may be released. Accordingly, he has prayed to allow the present application.

[4.0] Per contra, learned APP has opposed application on the ground that the present applicant is connected with the syndicate and he is a member of an “organized crime syndicate” and he is engaged in the illegal activity with the syndicate. It is submitted that present applicant is involved in several offences. He further submitted that, in various police stations of Gujarat, different offences are registered against the present applicant and proceedings for PASA and externment came to be initiated. He also submitted that present applicant is named in the FIR and his prima facie involvement is there and as per the Section 20 (4) (v) of the GUJCTOC Act, he requested to dismiss the present application, as present applicant is indulge in the bootlegging and illegal activity.

[5.0] Having heard the learned advocate for the both sides and going to the record, it appears that the allegation against the present applicant is that present applicant has indulged in the activity of bootlegging and he is engaged in transportation of liquor, though liquor is prohibited in the State of Gujarat. In this regard, various offences are registered against the applicant. So far invocation of GUJCTOC Act and application of the GUJCTOC Act is concerned, this Court, at this stage, has not entered into applicability of Section 2 (c) of “continuous illegal activity” on the part of present applicant. However, since offence under GUJCTOC is registered, so far as question to establish the continuity of the “unlawful activity” is concerned, the same is a question of evidence. On bare perusal of the complaint, it appears that some offences are registered against the present applicant. Considering the nature of the allegation and delay in the trial, present application is deserved consideration.

[6.0] Whether the present applicant is engaged in “organized crime” or member of the syndicate is a disputed question of the fact. However, while deciding the bail application for the offence under the GUJCTOC Act, Court is supposed to consider the provision of section 20 of the GUJCTOC Act and this Court is of considered view that to invoke the provisions of the GUJCTOC Act, following conditions are required to be fulfilled.

(i) That such an activity should be prohibited by law for the time being in force;

(ii) That such an activity is a cognizable offence punishable with imprisonment of three years or more;

(iii) That such an activi