V. K. TAHILRAMANI, J.-

Heard the learned Advocate for the petitioner and the learned APP for the State.

2. By this Writ Petition, the petitioner through his father has challenged the order dated 3rd November, 2007 passed by the learned Additional Sessions Judge, Thane. The case of the petitioner is that his son Ashish was a minor when the provisions of the Maharashtra Control of Organized Crime Act (for brevity hereinafter referred to as "MCOC Act") came to be applied to him. The case of the petitioner is that Ashish was born on 3.5.1988. The provisions of the MCOC Act came to be applied on 21.4.2005. At that time, Ashish had not even completed 17 years of age. Hence, it is prayed that as Ashish was a minor at that time, he be released forthwith. Based on the fact that Ashish was a minor other reliefs have been prayed by the petitioner.

3. The petitioner had preferred an application before the learned Sessions Judge stating that Ashish was a juvenile at the time of the offence. In support of his application, he adduced oral as well as documentary evidence. The then learned IIIrd Additional District Judge, Thane rejected the said application on 9.1.2007. Aggrieved by the sai