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Public Prosecutor Must Apply Mind Independently Before Filing Report U/MCOCA Seeking Extension Of Time To Investigate, He Is Not A Mere Postman: Bombay HC

The Bombay High Court held that before filing a report under the Maharashtra Control of Organized Crime Act (MCOCA) seeking extension of time for further investigation in a case beyond the 90 day period, the Public Prosecutor must apply his/her mind independently. He is not a mere postman or a forwarding agency, Court said. Division bench of Justice RV Ghuge and Justice BY Debadwar of the Aurangabad bench quashed and set aside the order of the concerned Special court allowing the investigating officer’s application under Section 21(2)(b) of the MCOC Act seeking extension of time for tendering the charge-sheet. Moreover, the order dated September 10 rejecting the application filed by accused under Section 167(2) of the CrPC for default bail, was also set aside.

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