Mumbai: The Bombay High Court on Thursday ruled that dismissed police officer Sachin Waze was not acting in his official capacity when he was arrested for planting an explosives-laden vehicle outside Antilia, the residence of industrialist Mukesh Ambani, and for the murder of businessman Mansukh Hiren. Therefore, no prior sanction was required for his arrest.

A division bench of Justices S.V. Kotwal and S.M. Modak dismissed Waze’s petition, in which he claimed his detention was illegal due to the absence of sanction from the state government. He had sought immediate release, arguing that, as an officer investigating the case, his actions were carried out in an official capacity, hence government approval was required before his arrest.

The court rejected this argument, stating, “By no stretch of imagination can it be said that the petitioner (Waze) was acting in his official capacity when he planted the vehicle on Carmichael Road or when he conspired and executed the murder of Mansukh Hiren.”

The court emphasised that the National Investigation Agency (NIA) was not required to obtain the state government’s consent before arresting Waze. It also dismissed Waze’s contention that the trial court’s remand orders were illegal.

On February 25, 2021, an SUV loaded with explosives was discovered near Mukesh Ambani’s residence in south Mumbai. The SUV was in the possession of businessman Mansukh Hiren, who was found dead in a creek in Thane on March 5, 2021. Waze was arrested in March 2021 for his alleged involvement in both incidents.

The court noted that Waze had attempted to persuade Hiren to take responsibility for placing the explosives-laden vehicle on Carmichael Road. When Hiren refused, Waze conspired with others to have him killed.

Referring to the legal provisions under Section 45(1) of the Criminal Procedure Code (CrPC), the bench clarified that for sanction to be necessary, the person being arrested must have committed the act in the discharge of official duties.

“In the given set of facts, by no stretch of imagination can it be said that the petitioner was acting or purportedly acting in his official duties when he planted the vehicle or conspired to murder Hiren,” the court observed.

Thus, the court found no merit in Waze’s argument that the NIA required the state government’s consent before arresting him or that the special judge under the NIA Act could not have granted the initial remand in his case.