A magistrate on Saturday refused to suspend a production warrant issued against fired police officer Sachin Vaze in an extortion case, citing that the defendant cannot go directly to court with a plea saying he should not be presented in court.
The NIA Special Court on Friday authorized Mumbai police to arrest Vaze for questioning in an extortion case registered at Goregaon Police Station.
The special court ordered the prison authorities to hand over custody of Vaze to the criminal division on November 1 and further ordered the prison to resume custody of Vaze after he was brought before the district court.
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Vaze’s attorney, Raunak Naik, approached the district court on Saturday, requesting the suspension of the production warrant he had issued. The accused in his plea claimed he had not fully recovered after his complex heart surgery in September and was advised to follow certain dos and don’ts.
Appearing for Mumbai Police, attorney Shekhar Jagtap vehemently opposed the request on the grounds that there is no provision in the Criminal Procedure Code (CrPC) to suspend a production warrant.
After hearing from both parties, Additional Chief Metropolitan Magistrate SB Bhajipale found the request unsustainable and rejected it. In accordance with the provisions of the CrPC, the officer in charge of the prison may refrain from executing the production warrant due to the illness or infirmity of the person, unfit to be removed from the prison, the court said. .
However, the court noted that the prison authorities had not hinted at such a situation. “The accused cannot claim directly by addressing this tribunal that he should not be brought before the tribunal,” said the magistrate.
He added that the investigating officer is authorized to make a decision regarding the place of questioning of the accused.
“Taking into account the facts and the circumstances, I have come to the conclusion that the present application is not sustainable, therefore rejected.”
Vaze, accused in the Antilia bomb threat case and the murder of businessman Mansukh Hiran, is currently in judicial custody and in Taloja prison.
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