NIA searches Vaze's office; court rejects his plea against arrest

Court rejected Vaze's plea contending that the manner of his arrest by the agency was illegal.

Widening its probe, the National Investigation Agency (NIA) has conducted a search in the office of suspended Assistant Police Inspector Sachin Vaze.

An NIA team visited the Crime Intelligence Unit of the Crime Branch-CID located in the Mumbai Police commissionerate at the Crawford Market here.

The NIA has recovered some documents and checked digital devices like laptops, I-pads and mobile phones. The federal agency also continued interrogating officials of the CIU in connection with the investigations involving the parking of Scorpio SUV laden with gelatin sticks near the residence of Reliance Industries Ltd Chairman Mukesh Ambani.

Another Assistant Police Inspector Riyazuddin Kazi, who was a colleague of Vaze, has been questioned on three occasions. Kazi’s role in getting fake number places and collecting the Digital Video Record of Vaze’s housing society’s CCTV camera, is being examined by the NIA.

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The SUV case was taken over by the NIA following Mansukh Hiran's death.

A special court on Sunday remanded Vaze in the custody of the central agency till March 25. On Tuesday, the court rejected Vaze's plea claiming that his arrest was illegal.

His lawyers Sajal Yadav and Sunny Punamiya had argued that Vaze was not produced before the courtwithin 24 hours after his arrest, as is required.

No sanction was taken from the state government under section 45(1) of the Code of Criminal Procedure, the lawyers contended. Under section 45(1), sanction of the government is necessary if an official is to be arrested for anything done in his/her official capacity.

Special public prosecutor Sunil Gonsalves denied the allegations. Vaze was arrested at 11.50 PM on Saturdayand produced before the court at about 2.45 PM next day, he said.

Vaze had been called in the morning for some clarification about the probe but he arrived late at night, the prosecutor claimed. Vaze's lawyers had alleged he had been detained since 11 AM on Saturday.

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Sanction was not needed as Vaze had not acted in discharge of his official duty, the NIA lawyer said.

Judge P R Sitre, while rejecting Vaze's plea, observed that he was a policeman and knew his rights.

"The entry in the station diary clearly reflects that intimation was provided to the accused and the concerned police station and also information about his arrest, which means grounds of arrest were provided," the judge said.

Whether he hadacted "in the course of performance of duty" can be examined during the trial, the court held.

The court allowed Vaze's lawyer to watch his interrogation from behind a glass partition but not within the hearing distance.

Speaking to reporters here, BJP leader Pravin Darekar said the more the ruling Shiv Sena defended Vaze, the more suspicion there will be about the state government's intentions.

The Sena had on Monday said take-over of the case by the NIA was "insult" to Maharashtra police.

(With inputs from agencies)