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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SARANG V. KOTWAL, S. M. MODAK, JJ
Sachin Hindurao Waze – Appellant
Versus
Union Of India, Through The S.p – Respondent
| Table of Content |
|---|
| 1. petitioner arrested by nia (Para 2) |
| 2. background of incidents (Para 3) |
| 3. details of firs (Para 4) |
| 4. petitioner's arrest details (Para 5 , 6 , 7 , 8) |
| 5. petitioner's counsel arguments (Para 9 , 10) |
| 6. respondent's counsel arguments (Para 11) |
| 7. state's counsel arguments (Para 12) |
| 8. court's reasoning on detention (Para 13 , 14) |
| 9. court's ruling on consent (Para 15 , 16) |
| 10. jurisdiction of special judge (Para 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35) |
| 11. writ petition outcome (Para 36 , 37) |
JUDGMENT :
1. Heard Mr. Rounak Naik, learned counsel for the Petitioner, Mr. Sandesh Patil, learned counsel for the Respondent No.1/NIA and Mr. Yagnik, learned APP for the State.
3. Before referring to the submissions made by the learned counsel on behalf of the Petitioner, it is necessary to mention the background as to how the Petitioner came to be arraigned as an accused. There were three separate incidents, apparently having no connection with each other; however, as the events unfolded subsequently, it was realised that all these three incidents were interconnected and the Petitioner was a common factor involved in all these three
The court ruled that consent under Section 45 of the Cr.P.C. was not required for the petitioner's arrest, affirming the jurisdiction of the Special Judge and the validity of remand orders.
Judicial custody requires extension by the Magistrate, without which detention is not automatically illegal; compliance with statutory provisions is necessary for lawful detention.
The Enforcement Directorate officers are not Police officers under CrPC, thus they cannot seek custody beyond the initial 24 hours of arrest unless substantively justified; however, compliance with P....
Default bail—Essential requisite for availing statutory bail is that accused must have undergone authorised period of detention ordered by Magistrate.
Until a Special Court is constituted by State Government under sub-Section (1) of Section 22 of NIA Act, in case of registration of any offence punishable under UAPA, Court of Sessions of division in....
The arrest of an individual must comply with constitutional and statutory requirements, including providing specific grounds for arrest, which must be communicated in writing to ensure the accused's ....
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