PRASAD SHRIKANT PUROHIT Vs. NATIONAL INVESTIGATION AGENCY

JUDGEMENT

(1.) Heard. Rule. Rule made returnable forthwith. With consent of the parties, matter is finally heard. The petition is under Article 227 of the Constitution of India and section 482 of the Code of Criminal Procedure. The petitioners are accused in MCOC Act Special Case No. 1 of 2009 and 8 of 2011 on the file of the learned Special Court Judge under MCOC Act for Greater Bombay.

(2.) An application under section 21(7) of Maharashtra Control of Organised Crime Act, 1999) was moved by the respondent-National Investigation Agency (for short NIA) for interrogation of the petitioner Ramesh (Accused No. 4) Anand (Accused No. 9) and Sudhakar (Accused No. 10). The petitioners were earlier in police custody for 12, 18, 20 days respectively. The MCOC case was initially investigated by ATS, Mumbai and final report under section 173 of Code of Criminal Procedure, 1973 (Cri.P.C.) was submitted on 30.1.2009 in C.R.No. 18 of 2008 vide Special MCOC Case No. 8 of 2009 and supplementary charge-sheet vide MCOC case No. 1 of 2011 was filed on 21.4.2011.

(3.) By order dated 1st April, 2011 of the Ministry of Home Affairs, Government of India, investigation is taken over by NIA and FIR is registered at crime No. 5/2011 by PS. NIA on 13.4.2011. While the petitioners were in judicial custody permission was sought to interrogate them by visiting the jail. It was accordingly granted. However, during such interrogation, NIA felt that the petitioners have lot of information to communicate concerning two absconding accused namely Sandip Dange and Ramji Kalsangra. They are also having crucial information regarding the facts which are not so far surfaced in the investigation and consequently by an application, police custody was sought as the petitioners were to be confronted with new facts which have been emerged.