JNPT arms seizure case: Accused challenge court's jurisdiction

Mumbai, Aug 23 (UNI) Fugitive underworld don Chhota Rajan's alleged associates Mukund Patel, Yashwant Yawle and Madhu Kutty have challenged the MCOCA court's territorial jurisdiction in conducting trial in the JNPT arms and ammunition seizure case.

Adv Sushan Kunjuraman, representing the accused, today moved a 'discharge application' before MCOCA court judge Abhay Thipsay. The judge has fixed August 24 for hearing on the application.

Adv Kunjuraman has said in the application that due to lack of territorial jurisdiction, the MCOCA court can neither entertain nor decide any application of the accused as the crime had occurred in jurisdiction of the Jawaharlal Nehru Port Trust at Nava Sheva in Uran and the appropriate court to try the case should be located in Navi Mumbai.

Adv Kunjuraman contended that there is nothing to show that the conspiracy was hatched in the jurisdiction of the Mumbai Police, and, so, the MCOCA sanction accorded by joint commissioner of police, Mumbai, is null and void. The sanction should have come from the Navi Mumbai joint commissioner of police.

It may be recalled that a cache of sophisticated weapons was found concealed in barrels full of grease at the Jawaharlal Nehru Port Trust (JNPT) on May 21, 2005.

The consignment, comprising automatic pistols and cartridges, was allegedly sent by Chhota Rajan through an aide Bharat Nepali to arm his cronies with sophisticated weaponry.

Accused Patel was a clearing agent, Yewle the holder of an import licence under which the consignment was brought in from Bangkok, and Kutty was a logistics manager and partner in an import firm.

A chargesheet was filed on September 20, 2005, but the charges against the accused are yet to be framed.

UNI