As per the case facts the State of Gujarat appealed a High Court order granting bail to an accused charged under the Gujarat Control of Terrorism and Organised Crime Act ... The last offense attributed to the accused occurred before the Act's enactment The Act's definition of organised crime requires more than one chargesheet within the preceding ten years The appeal to the Supreme Court aimed to challenge the bail order and clarify the interpretation of continuing unlawful activity under the Act The question arose whether the requirement of continuing unlawful activity under the Act allows for considering acts committed before its promulgation for prosecution and how past charge-sheets contribute to this definition Finally the Supreme Court clarified that if no unlawful activity occurs after the Act's invocation a person cannot be arrested under it for prior offenses However if unlawful activities persist after the Act's promulgation the person can be tried under the Act without waiting for two new acts to be officially recognized by the Court The Court affirmed that the existing legal precedent Shiva alias Shivaji Ramaji Sonawane supra remains the correct interpretation of the law