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7. Sub-section (2) of section 167 of the Code has been amended in relation to its application in the State of Maharashtra by sub-section (2) of section 21 of the MCOC Act. The amendment provides that reference to 15 days and 60 days in section 167(2) of the Code. shall be construed as 30 days and 90 days respectively. The amendment further adds additional proviso to sub-section (2) which provides further that if it is not possible to complete the investigation within the said period of 90 days, the Special Court shall extend the said period (i.e. period of detention in judicial custody) upto 180 days on the report of a public prosecutor indicating the progress of investigation and the specific reasons for the detention of accused beyond the said period of 90 days. Thus, in respect of an offence under the MCOC Act, a Judicial Magistrate is empowered to allow detention of the person accused in police custody upto 30 days and in judicial custody (inclusive of the period of police custody) for a total period not exceeding 90 days. Power has been conferred on the Special Court appointed under the MCOC Act to extend the period of custody beyond the period of 90 days but not exceeding 180 days. The power to extend the period of judicial custody beyond 90 days and upto 180 days, however, cannot be exercised by a judicial magistrate but can be exercised only by the Special Court appointed under the

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MCOC Act.

8. In Central Bureau of Investigation v. Anupam Kulkarni - (1992) 3 SCC 141, the Supreme Court reiterated that a judicial magistrate cannot order detention of an arrested accused in the police custody for a period exceeding 15 days and judicial custody (inclusive of the period of police custody if any earlier ordered) for a period exceeding 90 days as provided under section 167 of the Code. In view of the amendment to section 167 of the Code by section 21 the MCOC Act, a judicial magistrate is entitled to order detention of a person in police custody for a period not exceeding 30 days in the whole and in judicial custody (inclusive of police custody, if any, earlier ordered) for a period not exceeding 90 days. It is only the Special Court which can order further detention of the accused in judicial custody (inclusive of police custody, if any, ordered earlier) for a total period not exceeding 180 days. During this period of 180 days, the investigation in respect of any offence under the MCOC Act, howsoever serious the offence may be, has to be completed and a charge sheet/challan has to be filed in the Special Court failing which the accused is required to be released on bail if he is prepared to furnish bail.

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10. In the present case, the charge sheet was filed before the JMFC, Thane on 20th March 2007. Long before that, the provisions of the MCOC Act were made applicable. Approval under section 23(1)(a) of the MCOC Act was accorded by the Additional Commissioner of Police on 21st December 2006 and sanction under section 23(2) of the MCOC Act was also accorded with by the Additional Director General of Police and Additional Commissioner of Police on 20th March 2007. Only after such sanctions were obtained, the charge sheet/challan was filed before the JMFC, Thane on 20th March 2007.

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Magistrate had the jurisdiction to try the offence and the question was which of the Magistrate had the jurisdiction to pass the committal order. Sections 190 192 of the Code provide for transfer of a case from one magistrate to another. However, under the MCOC Act, a Magistrate has no jurisdiction to try an accused for an offence punishable uner MCOC Act and trial as well as filing of the charge sheet/challan must be done before the Special Court. Further more, second proviso to section 167 of the Code, added by section 21 of the MCOC Act, confers the jurisdiction to extend the period of custody beyond 90 days and upto 180 days only with the Special Court. The JMFC is devoid of any jurisdiction.