The Bombay Excessive Courtroom on Thursday rejected a habeas corpus petition filed by former Mumbai Police officer Sachin Waze, ruling that his arrest and remand by the Nationwide Investigation Company (NIA) had been lawful within the Antilia terror scare case. The bench of Justices Sarang V. Kotwal and S.M. Modak held that Waze’s plea had no benefit.

Waze was arrested on March 13, 2021, in a case involving a automobile with explosives discovered close to the residence of industrialist Mukesh Ambani and the following killing of businessman Mansukh Hiren.

Waze argued that his arrest was illegal as a result of the State Authorities’s consent was not obtained. He mentioned he was the investigating officer within the case and was appearing in his official capability.

The bench rejected this argument. “By no stretch of creativeness can or not it’s mentioned that the petitioner was appearing or purportedly appearing within the capability of his official duties when he planted that automobile at Carmichael Street or when he entered into the conspiracy and executed the conspiracy to commit the homicide of Mansukh Hiren,” the court docket mentioned.

The bench added, “We don’t discover any substance on this submission that the NIA ought to have obtained consent from the State Authorities earlier than effecting his arrest.”

Waze additionally argued that between September 3, 2021, when the cost sheet was filed, and September 7, 2021, when cognisance was taken, there was no judicial order remanding him to custody. His lawyer, Rounak Naik, mentioned his detention throughout this era was illegal.

The court docket rejected this declare, citing Supreme Courtroom rulings that say an accused stays in judicial custody as soon as a cost sheet is filed inside the required interval, till cognisance is taken.

Waze’s petition additionally challenged the jurisdiction of the Particular NIA Courtroom in granting his preliminary remand. The Excessive Courtroom dismissed this argument, stating that offences below the Explosive Substances Act fall below the Particular Courtroom’s jurisdiction.

With these findings, the bench dismissed Waze’s petition.

“Contemplating all these elements and the above dialogue, we’re of the opinion that no aid will be granted,” the court docket dominated, including that the trial court docket would determine the case on its deserves on the acceptable stage.