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GUJCTOC accused gets bail: Prolonged incarceration without trial amounts to ‘pre-trial conviction’, says Gujarat HC

The HC was hearing the bail plea of Pratap Jayantilal Thavar, who was arrested in February on the allegation that he was part of an organised crime syndicate engaged in transporting liquor in Gujarat, a dry state.

3 min readVadodaraMay 10, 2026 10:17 PM IST

Justice HD Suthar, in his order, invoked the "constitutional promise of personal liberty", provided under Article 21. (File Photo)

Holding that prolonged incarceration without trial amounted to nothing less than “pre-trial conviction”, the Gujarat High Court has granted regular bail to a man accused of bootlegging and charged under the provisions of the Gujarat Control of Terrorism and Organised Crimes (GUJCTOC) Act—a law to act against members of an organised crime syndicate.

Justice HD Suthar, in his order, invoked the “constitutional promise of personal liberty”, provided under Article 21, and stated that the Supreme Court had “consistently held that the trials under the special law are unduly delayed” and the rigors of stringent bail provisions of the GUJCTOC Act must “yield” to the right to liberty.

The HC was hearing the bail plea of Pratap Jayantilal Thavar, who was charged under the Act and arrested in February by the Veraval police in Gir Somnath district on the allegation that he was part of an organised crime syndicate engaged in transporting liquor in Gujarat, a dry state.

Thavar’s counsel, Vishvesh Acharya, argued that the case was a “significant overreach” as the seven offences, which have been registered against Thavar, were all under the Gujarat Prohibition Act and the Gambling Act. The advocate argued that the Prevention of Anti-Social Activities Act (PASA) was the appropriate Act that could have been invoked against Thavar and that GUJCTOC, which is primarily designed to tackle terrorism and organised crime, could not apply in the case.

The petitioner submitted that no evidence of continuous illegal activity or membership in any unlawful syndicate had been proven against him.

The prosecution submitted that Thavar was confirmed to be a member of an organised crime syndicate, with cases across multiple Gujarat police stations, and that PASA proceedings and externment orders had already been initiated against him.

The court stated that it was not going into the merits of the case and whether GUJCTOC had been correctly invoked, calling the question of continuous illegal activity and syndicate membership “a disputed question of fact” and “a matter of trial”.

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Citing SC precedents, the Court held that the right to speedy trial is an essential facet of Articles 19 and 21 of the Constitution. The order states, “Prolonged incarceration without trial amounts to preventive detention prior to adjudication without trial …keeping the accused behind bars is nothing but amounts to pre-trial conviction…the celebrated principle of bail jurisprudence is that “bail is a rule and jail is an exception”.”

The HC granted conditional bail to the applicant, on executing a personal bond of Rs 1 lakh with a surety of the same amount. He will be required to report to the local police station once a month for six months, surrender his passport, and stay out of Gir Somnath district for six months, except in cases when he appears before a court or police station.

Aditi Raja

Aditi Raja is an Assistant Editor with The Indian Express, stationed in Vadodara, Gujarat, with over 20 years in the field. She has been reporting from the region of Central Gujarat and Narmada district for this newspaper since 2013, which establishes her as a highly Authoritative and Trustworthy source on regional politics, administration, and critical socio-economic and environmental issues. Expertise: Core Authority & Specialization: Her reporting is characterized by a comprehensive grasp of the complex factors shaping Central Gujarat, which comprises a vast tribal population, including: Politics and Administration: In-depth analysis of dynamics within factions of political parties and how it affects the affairs in the region, visits of national leaders making prominent statements, and government policy decisions impacting the population on ground. Crucial Regional Projects: She consistently reports on the socio-economic and political impact of infrastructure projects in the region, especially the Statue of Unity, the Sardar Sarovar Project on the Narmada River, the Mumbai-Ahmedabad High Speed Rail bullet train project as well as the National Highway infrastructure. Social Justice and Human Rights: Her reporting offers deep coverage of sensitive human-interest topics, including gender, crime, and tribal issues. Her reports cover legal proceedings from various district courts as well as the Gujarat High Court (e.g., the Bilkis Bano case remission, POCSO court orders, Public Interest Litigations), the plight of tribal communities, and broader social conflicts (e.g., Kheda flogging case). Local Impact & Disaster Reporting: Excels in documenting the immediate impact of events on communities, such as the political and civic fallout of the Vadodara floods, the subsequent public anger, and the long-delayed river redevelopment projects, Harni Boat Tragedy, Air India crash, bringing out a blend of stories from the investigations as well as human emotions. Special Interest Beat: She tracks incidents concerning Non-Resident Gujaratis (NRIs) including crime and legal battles abroad, issues of illegal immigration and deportations, as well as social events connecting the local Gujarati experience to the global diaspora. ... Read More

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