Organised crime law requires post-commencement conduct, not just prior charge-sheets, to invoke the special statute.

For invoking the Gujarat Control of Terrorism and Organised Crime Act, 2015, more than one prior charge-sheet within the preceding ten years is not sufficient by itself. The statutory scheme requires continuing unlawful activity and organised crime, so earlier charge-sheets and cognizance are only one component of the threshold; the Act cannot be triggered solely by pre-Act conduct. Because the statute is penal and carries restrictive bail consequences, it must be construed strictly. The analysis also notes that the prior Maharashtra precedent permits reliance on earlier cases, but only where some unlawful activity continues after the special law comes into force. Accordingly, a post-commencement act or omission amounting to organised crime is required.

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Issues: Whether, for invoking the Gujarat Control of Terrorism and Organised Crime Act, 2015, the existence of more than one charge-sheet within the preceding ten years is sufficient by itself, or whether there must also be some act of organised crime after the Act came into force.

Analysis: The definitions of continuing unlawful activity, organised crime, and organised crime syndicate show that past charge-sheets and cognizance are only one component of the statutory scheme. The offence punishable under the Act is organised crime, which requires something more than antecedent criminal history. The phrase preceding period of ten years permits reliance on earlier charge-sheets, but it does not convert pre-Act conduct into an offence under the Act. A strict construction is required because the statute is penal and imposes serious consequences, including restrictive bail conditions. The earlier precedent on the Maharashtra enactment was correctly understood to mean that, where no unlawful activity continues after the special law comes into force, the special statute cannot be invoked merely on the basis of old cases.

Conclusion: More than one prior charge-sheet is not enough by itself. For prosecution under the Act, there must be some post-commencement act or omission amounting to organised crime, read with the past charge-sheets and cognizance. The challenge to the High Court order failed.

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