HC expresses surprise at Waze's high-end cars, five-star hotel stay; notes extortion allegations

MUMBAI: The Bombay High Court on Thursday flagged the use of high-end cars by Sachin Waze, a former assistant police inspector, while going to the bungalow of the chief minister and the city police commissionerate.

Waze is an accused in the 2021 Antilia bomb scare and businessman Mansukh Hiran murder case.

A bench of Justices Girish Kulkarni and Neela Gokhale said whenever a crime is attributed to a person in police uniform, then several other aspects such as his integrity, how he conducts himself and so on also needs to be considered.

The court is hearing an appeal filed by the National Investigation Agency (NIA) challenging a September 29 order of a special court granting bail to Waze.

The HC last week granted interim stay on the bail order pursuant to which Waze continues to be lodged at Thane Central Jail.

On Thursday, Additional Solicitor General Anil Singh, appearing for the NIA, was reading out witness statements in which it was pointed out that Waze used to drive high-end vehicles like Mercedes and BMW.

The court then questioned as to how Waze, being of the rank of assistant police inspector, managed to drive such high-end vehicles.

"This person, being the rank of an API, drove in a Mercedes to his office which was in the same building as the Commissioner of Police. In fact, he (Waze) even went to Varsha bungalow (Chief Minister's residence) in the Mercedes," the bench remarked.

The court also flagged Waze's stay at the Oberoi hotel for over three months.

"How has he managed to stay or have a room booked at the Oberoi hotel for 100 days? Is all this possible with the salary of an API? How much does an API rank officer earn per month," Justice Kulkarni asked.

Singh said the salary of an API would not be more than Rs 90,000.

The court then noted that all this ultimately is linked to the allegations of extortion against Waze. On February 25, 2021, an SUV with explosives inside was found near industrialist Mukesh Ambani's residence 'Antilia' in south Mumbai.

Businessman Mansukh Hiran, who was in possession of the SUV before it was allegedly stolen, was found dead in a creek in neighbouring Thane on March 5, 2021.

The bench also queried if the NIA knew from where Waze had purchased the gelatin sticks that were found in the bag inside the car left outside the Ambani residence.

"Is there any material to show from where the gelatin sticks were purchased? For selling one may need licence and similarly for purchase too licence may be required," HC said.

Singh, however, said the prosecution was not aware from where the sticks were procured, adding Waze had not cooperated with the probe.

The court asked what prejudice would be caused if Waze was released on bail with stringent conditions imposed considering the fact that he has been in custody for over five years now.

Singh said for a person like Waze, no condition would be stringent enough. His conduct is such that he may tamper with witnesses and destroy evidence, Singh added.

"He (Waze) was earlier charged in a fake encounter case. He was a police officer who had the duty of protecting the public. But he himself indulged in criminal activities where he not just tried to instil fear and terror but he murdered a person," Singh said.

The ASG said NIA was ready to start trial in the case immediately and it would examine only around 150 witnesses.

The court will continue hearing the plea on October 14. It extended the stay on the bail order till then.

Waze was arrested by the NIA on March 13, 2021 in the combined Antilia bomb scare and Hiran's killing case.

He was subsequently made an accused in a corruption case being probed by the Central Bureau of Investigation (CBI) and Enforcement Directorate (ED). Waze has been granted bail in this corruption case.

The sessions court. while granting bail to Waze, had said the NIA failed to establish a prima facie case of terrorism under the stringent Unlawful Activities (Prevention) Act (UAPA) against him, and that there was no evidence on record to prove Ambani's family was terrorised by his alleged act.

The NIA, in its appeal, sought the HC to quash the special court order, terming it as "illegal and bad in law" and, by way of interim relief, sought for it to be stayed.

The NIA in its appeal had claimed the special court was "totally wrong" in granting him relief, as he intended to create terror and was accused of murder.