SAQUIB ABDUL HAMID NACHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Leave granted.

(2.) In FIR No. I-131 of 12 registered at the Police Station Nizampur, District Thane, Mumbai, the appellant was arrested on 04.08.2012. He was produced before the concerned Judicial Magistrate First Class (JMFC) and was remanded to judicial custody till 10.08.2012. Thereafter, the respondent took order of prior approval under Sec. 23(1)(a) of Maharashtra Control of Organised Crime Act, 1999 (MCOCA) to apply the provisions of Sec. 3(1)(ii), 3(2) and 3(4) of the MCOCA.

(3.) As per the provisions of Sec. 167 of the Code of Criminal Procedure (Cr.P.C) maximum period during which the investigation has to be completed is 90 days. Sub-section (2) of Sec. 167 provides that if the investigation is not completed within the said period of 90 days and charge-sheet filed, the accused is, as a matter of right, entitled to bail.