Bombay High Court Refuses To Order Release Of Dismissed Cop Sachin Waze In Antilia Bomb Scare Case

The Bombay High Court on Thursday dismissed the habeas corpus petition filed by former Mumbai Police police officer Sachin Waze, who sought his release in the Antilia Bomb Scare case alleging that his arrest was illegal.

A division bench of Justices Sarang Kotwal and Shriram Modak pronounced the order.

Notably, Waze was arrested by the National Investigation Agency (NIA) on March 13, 2021 for allegedly placing an explosive-laden vehicle near industrialist Mukesh Ambanis's residence Antilia in Mumbai. He was charged under Sections 16 and 18 of UAPA for the commission of terrorist activities.

Waze had moved the petition April 24, 2024 seeking a habeas corpus relief for his alleged illegal detention. He alleged gross violation of his fundamental rights since his arrest. He stated that his trial has not commenced for more than 1,400 days.

In his petition, Waze pointed out that the procedure established for remand of custody as per Section 309(2) was not been followed in his case. He alleged that a wrong presiding officer/authority remanded him to custody, thus making his detention illegal.

Further, Waze alleged that his arrest was in violation of Section 45(2) CrPC.

The provision provides that a class or category of member of the Armed Forces charged with the maintenance of public order as notified by the State government, cannot be arrested for anything done or purported to be done in the discharge of their official duties except after obtaining the consent of the Central Government.

The plea also stated that there was no valid order authorizing his detention for a period of approximately 3 days after filing of the chargesheet. It was stated that the cognizance of the offence by the Special Court was taken in a mechanical manner, in the absence of the entire record before it.

The petition was opposed by special counsel Sandesh Patil assisted by advocate Chintan Shah.

Case title: Sachin Hindurao Waze vs. Union of India 

Citation: 2025 LiveLaw (Bom) 84

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