The interests of justice may necessitate the transfer of a case to a different judge despite finding no fault with the original judge's actions.

JUDGMENT

Banumathi, J. - Leave granted.

2. The appellant is in custody for the alleged commission of the offence under Sections 384, 386, 387 read with 34 I.P.C. and under Sections 3(1)(ii), 3(2) and 3(4) of the Maharashtra Control of Organised Crime Act 1999 (MCOCA 1999).

3. The issue in-question in this appeal is the correctness of the order of transfer of case, Special Case bearing NO.1 of 2018, from one MCOCA Judge to another MCOCA Judge at Thane, Maharashtra.

4. We have heard Mr. Satish Maneshinde, learned counsel appearing for the appellants, Mr. Ranjit Kumar, learned senior counsel appearing for the respondent/complainant and also Mr. Nishant R. Katneshwarkar, learned counsel appearing for the respondent-State. We have considered the impugned order and also the materials on record.

5. Without going into the merits of the matter, we are constrained to observe that the High Court was not right in finding fault with the officer (MCOCA Judge from whom the case was transferred) for trying to expedite the hearing of the bail application. In our view, for mere zest by judicial officer in taking up the bail application and expediting the hearing, no motive could be attributed to the judicial officer. Merely because the officer expedited the hearing, it could not have been made a ground for transfer.

6. However, without expressing any opinion on the merits of the matter, we are of the view that interests of justice would be served by transferring Special Case bearing NO.1 of 2018 pending before the Special Court under the MCOCA at Thane to the senior most MCOCA Judge, Mr. V.S. Padalkar, at Mumbai.

7. This appeal is accordingly allowed with the following directions:

(i) Special Case bearing NO.1 of 2018 pending before the Special Court under the MCOCA Act at Thane (presided over by the Special Judge, S.B. Bahalkar, District Judge-4 and Additional Sessions Judge, Thane) is transferred to the senior most Judge, Mr. V.S. Padalkar, under the MCOCA at Mumbai.;

(ii) The State of Maharashtra shall ensure issuance of notification within a period of one week from today in this regard, vesting the power upon the senior most Judge under the MCOCA at Mumbai to try Special Case bearing NO.1 of 2018.;

(iii) The senior most Judge under the MCOCA, Mumbai, shall hear the bail application in Special Case bearing No.1 of 2018 expeditiously in accordance with law preferably within one week after the issuance of the notification and dispose of the same within a period of four weeks thereafter.