Synopsis

This judgment by the Gujarat High Court dismisses an application filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 482 Cr.P.C.), seeking to quash proceedings under the GUJCTOC Act against an individual who was not named in the FIR but was later shown as an absconding accused in the charge-sheet. The applicant argued that he had no prior criminal record and that no multiple charge-sheets had been filed against him individually. The court held that the requirement of “more than one charge-sheet” under Section 2(1)(c) of the GUJCTOC Act pertains to the organized crime syndicate as a whole, not each individual member. It further held that an individual who knowingly facilitates the financial operations of a syndicate—even without a prior criminal record—can be prosecuted under Section 3(2) for abetment or facilitation. The court also upheld the coercive measures (NBWs, proclamation, LOC) against the applicant, noting his deliberate evasion of process.

1.  Heading for the judgment

Gujarat High Court holds that under GUJCTOC Act, the requirement of multiple charge-sheets pertains to the organized crime syndicate as a whole, not each individual member; a person with no prior criminal record can be prosecuted for facilitating syndicate operations.

Citation: Mahesh Gangubhai Chhaiya Thro Gangubhai Mansurbhai Chhaiya v. State of Gujarat, R/Criminal Misc. Application (For Quashing & Set Aside FIR/Order) No. 2036 of 2026, decided on 30.03.2026 (Gujarat High Court)
Coram: Hon'ble Mr. Justice Vimal K. Vyas (Single Judge)
Core Law: Gujarat Control of Terrorism and Organized Crime Act, 2015 (GUJCTOC Act); Code of Criminal Procedure, 1973 (Cr.P.C.).

2. Legal framework

This judgment is a significant exposition of the interpretation and application of the GUJCTOC Act, particularly concerning the definition of "continuing unlawful activity" and the liability of individuals associated with organized crime syndicates.

• Gujarat Control of Terrorism and Organized Crime Act, 2015 (GUJCTOC Act):
  Section 2(1)(a) (iii): Defines "abet" to include rendering any assistance, whether financial or otherwise, to an organized crime syndicate.
  Section 2(1)(c): Defines "continuing unlawful activity" as an activity prohibited by law, punishable with three years or more, undertaken as a member of a syndicate or on its behalf, in respect of which more than one charge-sheet has been filed within the preceding ten years and cognizance taken.
  Section 2(1)(e): Defines "organized crime" as continuing unlawful activity including extortion, land grabbing, contract killing, etc., by an individual as a member of a syndicate or on its behalf.
  Section 2(1)(f): Defines "organized crime syndicate" as a group of two or more persons acting as a syndicate or gang indulging in organized crime.
  Section 3(2): Punishes conspiracy, attempt, abetment, or facilitatio

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