STATE OF MAHARASHTRA Vs. KASIM

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Admit.

(3.) By this appeal, preferred under Sec. 12 of the MCOC Act, the appellant-State of Maharashtra seeks quashing and setting of the impugned order dtd. 26/7/2023, passed by the learned Special Judge (under the MCOC Act), Thane, below remand report dtd. 26/7/2023 in C.R No. 461 of 2022, registered with the Ambernath Police Station, Thane. The learned APP submitted that the findings recorded by the learned Special Judge in its Order passed below remand report dtd. 26/7/2023, i.e. the order at Exhibit-F at page 44, is unsustainable in law. She submits that merely because, the respondent-accused was arrested in an earlier MCOC case, the police custody could not have been refused in the second MCOC case, more particularly, when the present C.R is different and distinct from the first MCOC case.