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Showing contexts for: mcoc act in Mustaq Ahmed Mohammed Isak & Ors vs State Of Maharashtra on 8 May, 2009Matching Fragments
14.5.2006 Present petitioners were produced before Additional C.M.M. 2nd court, Mazgaon and remanded to PCR Upto 24.5.2006 22.5.2006 Competent Authority with due application of mind granted prior approval order under Section 23(1) (a) of MCOC Act, 1999 to the present offence and accordingly provisions of MCOC Act came to be applied to present offence.
5.8.2006 Competent Authority granted sanction to prosecute order under Section 23(2) of MCOC Act for prosecuting accused in present offence also for offences under Section 3(1) (ii), (2), (4) of MCOC Act, 1999 7.8.2006 Initial period of 90 days for filing the charge sheet was expiring on 7.8.2006 7.8.2006 Application of Public Prosecutor bearing MA No.260 of 2006 came to be allowed by MCOC Special Court thereby granting extension to File chargesheet for a period of 15 days i.e. Upto 21.8.2006 wherein the order is reflected in the Roznama as under:
Whereas 7 accused have been shown so far as absconding accused.
first chargesheet dated 4.9.2006.
4.9.2006 For the first time present petitioners/accused Nos. 5 to 8 filed bail application No. 32 of 2006 on technical ground under section 21 of MCOC Act thereby only contending that "The applicants state that there is no provision under section 21 of the MCOC Act for extension of period for the second time after it has been granted initially for the first time and therefore, after the first extended period for filing chargesheet having expired the applicants have become entitled for their release on bail on account of default in filing chargesheet within the extended period granted under section 21 of MCOC Act.
16. In this context, we cannot loose sight of Section 167(2) of of the Code. Section 167 of Code and section 21 of MCOC Act deal with power of remand. The provisions of Section 21 of MCOC Act must be read in the light of Section 167 of Code. Section 167(2) of Code itself indicates that power of remand has to be exercised form time to time and this clearly dispels any doubt as regard the true effect of the second proviso added in Section 167(2) of Code by Section 21(2) of the MCOC Act, 1999. The only possible interpretation of the said proviso is that the Special Court can exercise power under the said proviso from time to time however, the total period for filing charge sheet/challan cannot exceed 180 days.