JNPT arms seizure case: Matter adjourned till Sep 17

Mumbai, Sep 5 (UNI) The special MCOCA court today adjourned till September 17, the hearing on a petition filed by the accused -- Mukund Patel, Yashwant Yawle and Madhu Kutty -- in the Jawaharlal Nehru Port Trust arms and ammunition sizure case -- challenging the territorial jusrisdiction of the court.

Special public prosecutor Ujjwal Nikam sought time to argue on the petition as he could not do so today, being unwell. Judge Abhay Thipsay granted time and adjourned the matter till September 17.

Advocate Sushan Kunjuraman, representing the accused, had moved a discharge application on behalf of the accused before the MCOCA court at Sewree.

In the application, he contended that the MCOCA court in Sewree could not try the case as the alleged crime had occurred in the jurisdiction of the JNPT at Nava Sheva in Uran, and the appropriate court to try the case should be located in Navi Mumbai, which has jurisdiction over Uran.

The lawyer Kunjuraman contended that since the alleged crime had not occurred in the jurisdiction of the Mumbai Police, the sanction granted by Mumbai Joint Commissioner of Police to book the accused under MCOCA was null and void. The sanction, if felt necessary, should have been granted by the Navi Mumbai joint commissoner, Mr Kunjuraman contended.

The JNPT arms and ammunition seizure case refers to the discovery of sophisticated weapons that were concealed in barrels full of grease at JNPT on May 21, 2005. The investigating agency has charged fugitive underworld don Chhota Rajan in the case.

The consignment, consisting of automatic pistols and cartridges, was allegedly sent by Rajan through an aide Bharat Nepali to arm his men here.

Accused Patel was a clearing agent, Yawle the holder of an import license under which the consignment was brought from Bangkok, and Kutty was a logistics manager and a partner in an import firm along with Narsinh Modi. A chargesheet was filed on September 20, 2005, but the charges against the accused are yet to be framed.

UNI