STATE OF MAHARASHTRA Vs. ANIL PANDIT AHER

JUDGEMENT

(1.) Not on board. Taken on board on being mentioned for production on the ground of extreme urgency. Heard Mr. Hingorani, the learned APP for the appellant/State of Maharashtra.

(2.) The respondents were produced before the Special court under the Maharashtra Control of Organized Crimes Act (M.C.O.C. Act) for obtaining their remand in police custody. The learned Judge of the Special court, by his order dated 20.11.2012, rejected the prayer of the investigating agency to remand the respondents into police custody, and directed their detention to judicial custody. The State of Maharashtra, being aggrieved by the said order, rejecting the request for grant of police custody remand of the respondents, have approached this court seeking leave to file an appeal against the said order, under the provisions of Section 12 of the M.C.O.C. Act.

(3.) In my opinion, leave is not necessary for filing an appeal, as proposed, as this appeal cannot be termed as an appeal against acquittal, so as to make leave necessary before the appeal can be entertained on merits. As such, in my opinion, the appellant - State of Maharashtra - are entitled to have the appeal entertained and considered for admission.