The right to a speedy trial under Article 21 of the Constitution of India overrides stringent bail conditions under 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-original accused No.5 under Section 483 of the Bharatiya Nyaya Suraksha Sanhita, 2023 (for short “BNSS”) for regular bail in connection with FIR being C.R.No.11995001250041 of 2025 registered with State Monitoring Cell Police Station, District-Gandhinagar, for the offence under Sections 3(1)(ii), 3(2), 3(4) and 3 (5) of the Gujarat Control of Terrorism and Organized Crimes Act, 2015 (for short “GUJCTOC Act”).

[3.0] Learned advocate for applicant, Mr. Popat, 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, and for that, PASA proceedings and the externment proceedings are initiated. 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. After 2022, no offence is registered against the applicant. He submitted that, only two offences are registered, and that too under the Gujarat Prohibition Act, therefore, GUJCTOC is wrongly invoked. He submitted that the applicant is arrested on 02.11.2025 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 against the syndicate and the present applicant, in total 19 offences are registered, and out of said 19 offenses, present applicant is involved in two 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 along with the co-accused, present applicant has indulged in the activity of bootlegging and he is engaged in transportation of country-made liquor, using the forged number plates, 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, as after 2022, no offence registered against the 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 two offences are registered against the present applicant and, after 2022, no offence is registered. The applicant is behind bar since 02.11.2025. Charge sheet is filed under GUJCTOC Act. 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 qu