1 175311 vgm IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1753 OF 2011 Samir Sharad Kulkarni ...Petitioner V/s. The State of Maharashtra & Anr. ...Respondents Mr. Ashok Mundargi, Senior Advocate, amicus curiae, for the Petitioner Ms. M.H. Mhatre, A.P.P., for the State Ms. Rohini Salian, Special Counsel, for National Investigation Agency CORAM: A.M. KHANWILKAR AND R.G. KETKAR, JJ. DATE: DECEMBER 21, 2011 P.C.:- The grievance made in the letter-petition received through jail is that, during the remand of the petitioner, no returnable date is specified by the Special Judge. According to the petitioner, the remand order ought not to exceed beyond 30 days at a time. This is the only grievance made in the letter-petition. 2 175311 2. The petitioner is prosecuted for offence, amongst others, under the Maharashtra Control of Organised Crime Act, 1999, and the trial is pending before the MCOCA Court, which is conducted by Special Judge. The Special Counsel appearing for National Investigation Agency has relied on the decision of the Division Bench of this Court in the case of Dilip Pandurang Kamath & Ors. v. Sate of Maharashtra – 2006 (1) Bom.C.R. (Cri.) 286, which is directly on the point. This very issue has been considered and rejected by this Court. Following the same decision, even the present petition fails. 3. The learned amicus curiae, in all fairness, submits that it is not possible to distinguish the above-stated reported decision or to persuade this Court to re-consider the statement of law occurring therein. 4. Accordingly, this petition is dismissed. 5. The Court expresses a word of gratitude for the able assistance rendered by the learned amicus curiae. 6. Copy of the order be forwarded to the petitioner, who is in jail, for information. R.G. KETKAR, J. A.M. KHANWILKAR, J.