STATE OF MAHARASHTRA Vs. SACHIN DHANANJAY KULKARNI

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) By the aforesaid appeal, the appellant-State of Maharashtra has impugned the order dtd. 3/12/2022 passed by the learned Additional Sessions Judge and Special Judge under Maharashtra Control of Organised Crime Act ('MCOC Act'), Greater Mumbai, by which the learned Judge was pleased to reject the appellant's application being Misc. Application (SC) No. 567/2022, seeking police custody remand of the respondentsaccused. Learned A.P.P submits that the impugned order rejecting the State's application seeking police custody remand of the respondents-accused is untenable in law.

(3.) Mr. Thakare, learned senior counsel appearing for the respondents-accused opposed the appeal. He submits that no interference is warranted in the impugned order dtd. 3/12/2022, inasmuch as, there is non-compliance of the mandate of Sec. 21(7) of the MCOC Act. He submits that in the application filed by the State, there is no explanation whatsoever for the delay in seeking police custody remand.