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 [Read Order]

The Bombay High Court last week held that before filing a report under the Maharashtra Control of Organized Crime Act seeking extension of time for further investigation in a case beyond the 90 day period, the Public Prosecutor must apply his/her mind independently. On September 2, the Investigating Officer made an application under Section 21 of the MCOC Act to the Special Court seeking extension of time for tendering the charge-sheet. v. Nirala Yadav alias Raja Ram Yadav @ Deepak Yadav Saquib Abdul Hamid Nachan Vs. State of Maharashtra Aslam Babalal Desai Vs. State of Maharashtra, Rajnikant Jivanlal and another Versus Intelligence Officer, Narcotic Control Bureau, New Delhi After examining the contentions and the case laws relied upon by the accused, the bench observed- "It is thus obvious that the Hon'ble Apex Court has defined the role of the Public Prosecutor and has considered it to be a one of applying mind independently to the request of the Investigation Agency, before submitting his report to the Special Court approving the request for extension of time. Finally noting that in several cases that the public prosecutor appearing before the Special Courts are either casual or are unaware about the position in law of tendering a Report, Court directed the Registrar to place a copy of this order before the Chief Secretary, State of Maharashtra, the Director General of Police, State of Maharashtra and the Director of Prosecution for perusal, so as to "issue directions for enlightening the prosecutors for meticulously following the crystallized position in law of submitting their report with reasons for seeking extension of time for investigation."