The Bombay High Court on Thursday questioned how Sachin Waze, a former assistant police inspector accused in the 2021 Antilia bomb scare and Mansukh Hiran murder case, was able to use high-end cars and stay at Mumbai’s Oberoi hotel for more than three months.
A bench of Justices Girish Kulkarni and Neela Gokhale was hearing the National Investigation Agency’s (NIA) challenge to a September 29 order granting bail to Waze. The court had last week stayed the bail order, and Waze remains lodged at Thane Central Jail, news agency PTI reported.
During Thursday’s hearing, Additional Solicitor General Anil Singh, appearing for the NIA, referred to witness statements which said Waze drove high-end cars, including Mercedes and BMW.
The court questioned how an officer of Waze’s rank could afford such vehicles and noted that he had driven a Mercedes to his office and to Varsha bungalow, the chief minister’s residence.
“This person, being the rank of an API, drove in a Mercedes to his office which was in the same building as the Commissioner of Police. In fact, he (Waze) even went to Varsha bungalow (Chief Minister's residence) in the Mercedes,” the bench remarked, according to a report by news agency PTI.
HC questions Oberoi hotel stay
The court also raised questions about Waze’s reported stay at the Oberoi hotel for more than three months.
{{/usCountry}}The court also raised questions about Waze’s reported stay at the Oberoi hotel for more than three months.
{{/usCountry}}“How has he managed to stay or have a room booked at the Oberoi hotel for 100 days? Is all this possible with the salary of an API? How much does an API rank officer earn per month,” Justice Kulkarni asked.
Singh told the court that an API earns no more than ₹90,000 a month.
The bench observed that these circumstances were ultimately connected to the allegations of extortion against Waze.
The court also asked whether the NIA knew where the gelatin sticks found in the bag inside the SUV outside industrialist Mukesh Ambani’s residence had been purchased.
“Is there any material to show from where the gelatin sticks were purchased? For selling one may need licence and similarly for purchase too licence may be required,” the HC said.
Singh said the prosecution did not know where the sticks had been procured and alleged that Waze had not cooperated with the investigation.
NIA opposes Waze’s release on bail
The court asked what prejudice would be caused if Waze was released on bail with stringent conditions, considering that he had been in custody for more than five years.
Singh argued that no condition would be stringent enough for Waze, saying his conduct could lead to witness tampering and destruction of evidence.
“He (Waze) was earlier charged in a fake encounter case. He was a police officer who had the duty of protecting the public. But he himself indulged in criminal activities where he not just tried to instil fear and terror but he murdered a person,” Singh said.
The ASG also told the court that the NIA was prepared to begin the trial immediately and would examine around 150 witnesses.
Antilia case and Hiran murder
On February 25, 2021, an SUV containing explosives was found near Ambani’s residence, Antilia, in south Mumbai. Businessman Mansukh Hiran, who had possession of the SUV before it was allegedly stolen, was found dead in a creek in neighbouring Thane on March 5, 2021.
Waze was arrested by the NIA on March 13, 2021, in connection with the combined Antilia bomb scare and Hiran murder case.
He was later made an accused in a corruption case being investigated by the Central Bureau of Investigation (CBI) and Enforcement Directorate (ED). Waze has been granted bail in that case.
Next hearing on October 14
The sessions court, while granting bail to Waze, had said the NIA failed to establish a prima facie case of terrorism under the stringent Unlawful Activities (Prevention) Act (UAPA). It also said there was no evidence on record to establish that Ambani’s family was terrorised by Waze’s alleged act.
The NIA challenged the order in the High Court, calling it “illegal and bad in law” and seeking a stay on it. The agency said the special court was “totally wrong” in granting Waze relief, claiming that he intended to create terror and was accused of murder.
The Bombay High Court will continue hearing the NIA’s plea on October 14 and has extended the stay on Waze’s bail order until then.
(With inputs from PTI)