SAQUIB ABDUL HAMID NACHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BY the present petition under Article 226 and 227 of the Constitution of India the petitioner while preferring the petition, though had prayed for quashing of remand proceedings and orders passed by the learned Judge presiding over the Special Court constituted under the provisions of the Prevention of Terrorism Act, 2002 (hereinafter referred as ''POTA Act '') in respect of offence registered as DCB CID C.R. No. 21/03, 09/03 and C.R. No. 124/02 of Bombay Central Railway Police Station (i.e. DCB -CID C.R. No. 59/03); by calling and examining the correctness, legality and propriety of the orders therein passed and releasing the petitioner on permanent bail; at the hearing the petitioner has pressed the petition only for declaring the said proceedings and orders being null, void, bad in law, without jurisdiction and quashing the same. The petition is vehemently opposed by the respondent by filing detail affidavit in reply of Assistant Commissioner of Police DCB -CID.

(2.) BOTH the sides have made elaborate submissions more so upon the line of the stand respectively taken by each of them either in the petition or the affidavit in reply filed opposing the petition.

(3.) THE Learned APP has countered the said submission by submitting that such submission is canvassed by the petitioner due to misreading of and/or misinterpretation of the provisions of POTA as well as the Code and not properly following the scheme framed for investigation, inquiry, trial for the offences under POTA under the same. The Learned APP further submitted that proper construction of the said provisions with no uncertainty denotes that the Special Judge POTA is duly empowered to take the remand proceedings under section 167 of the Code and as such neither the proceedings taken nor the orders passed therein suffers from any defect as canvassed or otherwise. The Learned APP urged thus the petition sans merit deserves to be , dismissed.