Conditions for Applying GCTOC Act Not Met - Supreme Court Grants Bail to Long-Held Detainee

In a significant ruling on October 20, 2023, the Supreme Court granted bail to a man who had been in judicial custody for nearly 3 years. The bench, consisting of HON'BLE MS. JUSTICE HIMA KOHLI and HON'BLE MR. JUSTICE AHSANUDDIN AMANULLAH, opined that the conditions required for applying the Gujarat Control of Terrorism and Organized Crime Act (GCTOC) were not met in the appellant's case.

Supreme Court observed, "The appellant has been in judicial custody for 2 years and 9 months without any other criminal antecedents; co-accused persons have been granted bail." This observation was significant because the Supreme Court granted special leave to appeal against the High Court's decision that had earlier denied bail to the appellant.

The respondent-state had contended that the appellant was part of an organized crime syndicate involved in various illegal activities including extortion and land grabbing. However, the apex court highlighted that the conditions for applying the GCTOC Act were not fulfilled. "Discussion of the specific conditions required to invoke the GCTOC Act; Conditions not fulfilled in the appellant's case," the bench noted.

The Supreme Court's decision allowed the bail application and imposed conditions for the appellant's release. The Court directed, "Appellant to report to the Investigating Officer on specific days and must adhere to other conditions including good behavior and not influencing witnesses."

This ruling could serve as an important precedent for similar cases where the conditions for applying special laws like the GCTOC Act are under scrutiny.

The case referred to several previous judgments including State of Maharashtra v. Shiva alias Shivaji Ramaji Sonawane and Mohamad Iliyas Mohamad Bilal Kapadiya v. State of Gujarat among others.

Date of Decision: 20 October  2023

ANILBHAI @ MEHTAJI DINESHBHAI DANGARIYA VS THE STATE OF GUJARAT