Mumbai Oct 30 PTI A magistrate on Saturday refused to stay a production warrant issued against dismissed police officer Sachin Waze in an extortion case citing that the accused cannot approach the court directly with a plea saying he should not be produced before the court The special NIA court had on Friday allowed the Mumbai police to take custody of Waze for interrogation in connection with an extortion case registered at Goregaon police station The special court had directed the prison authorities to handover Wazes custody to the crime branch on November 1 and has further instructed the prison to take back Wazes custody after he is produced before the magistrate court Wazes lawyer Raunak Naik approached the magistrate court on Saturday seeking a stay on the production warrant it had issued The accused in his plea claimed that he has not fully recovered post his complex heart surgery in September and has been advised to follow certain dos and donts Appearing for the Mumbai police advocate Shekhar Jagtap vehemently objected the application on the ground that there is no provision in the Code of Criminal Procedure CrPC to stay a production warrant After hearing both sides additional chief metropolitan magistrate S B Bhajipale found that the application was not maintainable and rejected it As per provisions in the CrPC the officer in-charge of prison may abstain from carrying out the production warrant on the ground of reason of sickness or infirmity of the person unfit to be removed from the prison the court said However the court noted that the jail authorities had not intimated it about such a situation The accused cannot claim directly by approaching before this court that he should not be produced before the court the magistrate said It further said that the investigating officer is authorised to take a decision regarding the place of interrogation of the accused Considering the facts and circumstances I have come to the conclusion that the present application is not maintainable hence rejected Waze an accused in the Antilia bomb scare case and in the murder of businessman Mansukh Hiran is currently in judicial custody and lodged in Taloja jail PTI AVI ARU ARU

Mumbai Sep 27 PTI Former Maharashtra home minister Anil Deshmukhs then personal secretary PS Sanjeev Palande on Monday told a special court here through his lawyer that the Enforcement Directorate ED had arrested him in the money laundering case without allowing him to respond to the notice issued to him Palande an additional collector-rank officer was arrested by the ED on June 26 in connection with the money laundering case involving Deshmukh Palande who is currently in judicial custody recently filed an application seeking bail Arguing for Palande his advocate Shekhar Jagtap on Monday told the court that the former was taken into custody the same day his house was raided Jagtap argued the ED arrested Palande without even allowing him to respond to the notice issued to him He further said the ED had raided Palandes residence on the same day as Deshmukhs house and offices Both Palande and Deshmukh were issued notices under section 41A of the Code of Criminal Procedure but Palande was not given a chance to respond to the notice and was arrested Jagtap argued The applicant Palande was picked up by the ED as if some incriminating material was found at his house he said adding that Palande was an honest bureaucrat and there is no evidence of a single penny coming to him Another accused arrested in the case Kundan Shinde who was working as Deshmukhs assistant PA had also filed an application seeking bail Shindes advocate Ejaz Khan argued that his client was incriminated in the case only based on the statement given by dismissed Mumbai Police officer Sachin Waze Khan argued that Wazes statement cannot be relied upon as his bonafide are in question as he is an accused and behind bars in another case The court will continue hearing the bail pleas on September 29 The ED had initiated a probe against Deshmukh and his associates after the Central Bureau of Investigation CBI filed an FIR against the NCP leader on April 21 on charges of corruption and the misuse of the official position The federal anti-money laundering agency has so far arrested two persons in the case namely Sanjeev Palande and Kundan Shinde The agency had last month submitted its prosecution complaint equivalent to a chargesheet against the duo before a special court The CBI had lodged its FIR against Deshmukh after it conducted a preliminary enquiry against the NCP leader following an order from the High Court on April 5 Deshmukh had resigned from the post of the home minister on April 5 but had denied any wrongdoing PTI SP NSK NSK