https://www.taxtmi.com/caselaws?id=431986 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. en-us Thu, 15 Dec 2022 00:00:00 +0530 Sat, 24 Dec 2022 14:12:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=431986 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. Case-Laws Indian Laws Thu, 15 Dec 2022 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=431986