The application which came up for admission before Addtional Sessions Judge Abhay Thipsay was adjourned to Wednesday as the judge felt that the magistrate's order was required to be examined before hearing the arguments. However, Judge Thipsay passed an order directing Additional Chief Metropolitan Magistrate K H Holambe-Patil to remand Mohammed Farooq Abdul Gafoor Chifa Rangari to judical custody till Wednesday.

Holambe-Patil had passed the order on Monday while hearing the remand application of Farooq who was arrested by the Crime Branch for attempt on the life of former mayor and Shiv Sena corporator Milind Vaidya in March 1999 at Mahim. While threepersons died on the spot, Vaidya and six others escaped with injuries. The magistrate had directed that Farooq who is currently in judicial custody should be handed over to the police and produced before the competent court within 24 hours.

However, the court added that such cases should be tried by a special or competent court. But no such court has been set up by the government to try cases under MCOCA as pointed out by the prosecution.

Chief Public Prosecutor D G Paranjpe had prayed that the magistrate's order be set aside adding that under section 167 of the Code of Criminal Procedure the magistrate has jurisdiction to try cases and remand an accused under the new act and said that there are previous judgements to support his case. He said that the accused against whom serious offences under section 302 (murder) and 307 (attempt to murder) cannot be let off easily.

4-yr-RI for 2 African nationals

Additional Sessions Judge U D Salvi on Friday convicted two African nationals to four yearsrigorous imprisonment and fined Rs 20,000 each for assualting three police officers attached to the Narcotic Control Bureau (NCB) in 1997.

On June 6, 1997 three police officers raided a flat in Rajaram Wadi, Bandra on a tip-off that a narcotic deal was to take place. After the police team barged in, they had to grapple with the three African nationals. Intelligence officer (IO) Naryan Tambe was bitten on his hands by Hassan Kallou (35), a native of Congo while Saikou Jabbi (38), a Gambian, and Lamini tried to hold down other policemen. When the situation seem to go out of control IO Sadashiv Asawale whipped out his service revolver. However, before he could fire Lamini snatched it and opened fire at the police. While three rounds were fired in the air, the fourt hit IO Surendra Kavitkar in his waist. Police fired back injuring Kallou.

In the resulting melee while Lamini managed to escape the injured received treatment at Lilavathi hospital, Bandra. The police also recovered one kilogram of heroin from theflat.

While Special Public Prosecutor S B Dukhande appeared for the state the case was investigated by Police Inspector P I Sandashiv.