THE STATE OF GUJARAT vs SANDIP OMPRAKASH GUPTA

The Supreme Court examined the legality of an FIR registered under the Gujarat Control of Terrorism and Organised Crime Act, 2015, in the absence of a prior FIR against the accused after the Act's promulgation. The court concluded that the requirement of 'continuing unlawful activity' does not necessitate a separate FIR post-enactment for the accused to be charged under the 2015 Act. Consequently, the court upheld the High Court's decision to grant bail to the respondent, as the foundational requirement for invoking the Act was not satisfied.