18. wp 330-11.doc RMA IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRI. WRIT PETITION NO. 330 OF 2011 Samir Sharad Kulkarni .. Petitioner Vs The State of Maharashtra .. Respondent Mr. N.M. Gavankar, appointed amicus curiae for the Petitioner Ms. Rohini Salian, Special P.P. for the State CORAM : P.V. HARDAS & N. D. DESHPANDE, JJ. DATE : 7th MARCH, 2011. P.C.: 1. A communication has been sent by the petitioner through jail which has been registered as a Criminal Writ Petition. A Division Bench of this Court appointed Mr. N. M. Gavankar as learned amicus curiae on behalf of the petitioner. The grievance of the petitioner accused is that his custody from 23rd July 2010 to 2nd August 2010 is illegal and the petitioner was not before the Court while obtaining his remand. 2. We have heard learned amicus curiae as well as the learned Special Public Prosecutor and in the light of the judgment of the Supreme Court in the matter of 'M. Sambasiva Rao Vs The Union of India & Ors.' (1972) 4 SCC (Notes) 12, mere non- 1 18. wp 330-11.doc production of an accused before Magistrate does not invalidate remand, we do not find any merit in this petition and the petition is therefore summarily dismissed. However, we quantify the fees payable to the learned amicus curiae by this Court at Rs. 2500/- [ N. D. DESHPANDE, J ] [ P.V. HARDAS, J ] 2 18. wp 330-11.doc 3