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2011 Supreme(Bom) 1278

K.U.CHANDIWAL
Lt. Col. Prasad Shrikant Purohit – Appellant
Versus
National Investigation Agency – Respondent


Advocates appeared:
For the Petitioners:U.R. Lalit, Sr.Advocate a/w with Shrikant Shivade i.b. M.S. Mohite, Advocates.
For the Respondent:R1 & R2, D.J. Khambatta, Additional Solicitor General with Ms. Revati Mohite Dere, Ms. Rohini Salian & Afroz Shah, Advocates, S.S. Pednekar, APP.

JUDGMENT

Heard. Rule. Rule made returnable forthwith. With consent of the parties, matter is finally heard.

2. The Petition is under Article 227 of the Constitution of India and section 482 of the Code of Criminal Procedure. The Petitioners are Accused in MCOC Act Special Case No.1 of 2009 and 8 of 2011 on the file of the learned Special Court Judge under MCOC Act for Greater Bombay.

3. An Application under section 21(7) of Maharashtra Control of Organised Crime Act, 1999) was moved by the respondent-National Investigation Agency (for short NIA) for interrogation of the Petitioner Ramesh (Accused no.4) Anand (Accused no.9) and Sudhakar (Accused no.10). The Petitioners were earlier in police custody for 12, 18, 20 days respectively. The MCOC case was initially investigated by ATS, Mumbai and final report under section 173 of Code of Criminal Procedure, 1973 (Cr.P.C.) was submitted on 30.1.2009 in C.R.No.18 of 2008 vide Special MCOC Case No.1 of 2009 and supplementary charge sheet vide MCOC case no.8 of 2011 was filed on 21.4.2011.

4. By order dated 1st April, 2011 of the Ministry of Home Affairs, Government of India, investigation is taken over by NIA and FIR is registered at crime






















































































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