MUMBAI: The Bombay High Court on Thursday said dismissed cop Sachin Waze was not acting in his official capacity when he planted an explosives-laden car near industrialist Mukesh Ambani’s home and conspired to kill businessman Mansukh Hiren.Hence, no sanction was required from the state government before his arrest, a division bench of Justices S V Kotwal and S M Modak said.The bench dismissed a petition filed by Waze, claiming he was illegally detained in the case as proper sanction was not taken before he was arrested, and sought to be released forthwith.Waze claimed that since he was one of the officers probing the case, sanction from the state government was required before arrest as he was acting in his official capacity. The HC bench, however, refused to accept this.”By no stretch of imagination, it can be said that the petitioner (Waze) was acting in the capacity of his official duties, when he planted that vehicle at Carmichael Road and when he entered into the conspiracy and executed the conspiracy to commit the murder of Mansukh Hiren,” it said.The court said there was no requirement for the National Investigation Agency (NIA) to obtain consent from the state government before arresting Waze. It also refused to accept Waze’s claims that the remand orders later passed by the trial courts were illegal.On February 25, 2021, an explosives-laden SUV was found near industrialist Mukesh Ambani’s residence ‘Antilia’ in south Mumbai.Businessman Hiren, who was in possession of the SUV, was found dead in a creek in neighbouring Thane on March 5, 2021.Waze was arrested in March 2021 for his alleged role in both the cases.The court in its order said Waze had tried to convince Hiren to accept the responsibility for placing the vehicle laden with explosives, but when he refused, Waze with others conspired to kill him.
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