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2022 Supreme(SC) 1524

B. R. GAVAI, HIMA KOHLI
Mohamad Iliyas Mohamad Bilal Kapadiya – Appellant
Versus
State of Gujarat – Respondent


Advocates appeared:
Mr. Mukul Rohatgi, Advocate, Ms. Diksha Rai, Advocate, Mr. Ankit Agarwal, Advocate, For the Appellant / Ms. Deepanwita Priyanka, Advocate, For the Respondent.

ORDER

1. The petitioner/applicant has approached this Court feeling aggrieved by the judgment and order passed by the High Court of Gujarat dated 5th January, 2022, thereby rejecting the application filed by the petitioner/applicant for grant of bail in connection with FIR No.66 of 2021.

2. We have heard Mr. Mukul Rohatgi learned senior counsel for She petitioner/applicant and Ms. Deepanwita Priyanka, learned counsel appearing for the respondent-State.

3. Mr. Rohatgi submits that for invoking the provisions of the Gujarat Control of Terrorism and Organised Crime Act, 2015 (hereinafter referred to as "the GCTOC Act") which is analogous with the Maharashtra Control of Organized Crime Act, 1999 (hereinafter referred to as "MCOCA"), two requirements have to be satisfied. The first one is that an activity undertaken is either singly or jointly as a member of an organized crime syndicate or on behalf of such a crime syndicate. The second one is that in respect of such an activity, more than one charge-sheet must have been filed in the preceding period of last 10 years.

4. Mr. Rohatgi submits that in the present case, the second requirement is not satisfied. He submits that in the Chart where

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