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Mumbai, Aug 24 (PTI) Dismissed Mumbai police officer Sachin Waze has once again approached a special court here to have the proceedings against him in a money laundering case dropped, citing absence of mandatory government prosecution sanction.
The court in February had rejected his earlier plea for dropping the Prevention of Money Laundering Act (PMLA) case, noting the allegations reflect Waze "indulged into the illegal activities while performing his police duty".
The jailed former cop, in his fresh plea, argued that recent prosecution sanctions granted against co-accused persons in the 2021 case "considerably changed circumstances".
The PMLA court was informed earlier this month that the Maharashtra governor and the competent state authority had accorded sanction under Section 197 of the CrPC against co-accused and former state Home Minister Anil Deshmukh as well as his ex-personal secretary Sanjeev Palande, Waze's recent plea stated.
Section 197 of the Code of Criminal Procedure or CrPC (replaced by the Bharatiya Nagarik Suraksha Sanhita from July 1, 2024) governed the requirement of prior government sanction to prosecute public servants for acts done in the discharge of official duty.
This, the former Assistant Police Inspector (API) asserted, re-establishes that prior sanction is a condition precedent to confer jurisdiction on the court to try public servants.
Waze contended that taking cognizance and the issuing process against him by the Enforcement Directorate (ED) in the money laundering case was bad in law as the probe agency had failed to obtain prior sanction from authorities under relevant provisions of the CrPC and the Maharashtra Police Act.
Claiming to be a "victim of circumstances and a whistle-blower," Waze stated that he had to "succumb to the pressure" of Deshmukh, the then-state home minister.
The ED's case is that while serving as home minister (2019 to 2021), Deshmukh, through then-API Waze, collected Rs 4.70 crore from various bars and restaurants in Mumbai.
The money was then laundered and routed to the Nagpur-based Shri Sai Shikshan Sansthan, an educational trust controlled by the Deshmukh family, the ED has alleged.
The dismissed police officer, also a prime accused in the 'Antilia' bomb scare case lodged by the National Investigation Agency (NIA), is currently in judicial custody. PTI AVI RSY