In Brief
The State of Gujarat appealed against the High Court's order granting bail to a person arrested under the Gujarat Control of Terrorism and Organised Crime Act, 2015. The key issue was whether prosecutors can invoke the Act based solely on charge-sheets from before the Act came into force (01.12.2019), with no new offence after that date. The Supreme Court held that two ingredients are required: (1) past charge-sheets within ten years showing continuing unlawful activity, and (2) actual commission of an organised crime after the Act came into force. Mere past charge-sheets are insufficient. The Court affirmed strict construction of penal laws and the principle that the requirement of continuation must be satisfied. The appeal was dismissed.
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