2880

1447787/2021/CRU-O/o Pr Commr-Cus-Gen-Zone-I-Mumbai

tittaarori/ Government of India

.1 CI 4%)
%Awn / Ministry of Finance
40‘
wwirtatil Office of
=mygaff Ativevp
na-fra err&
Pr. Commissioner of Customs 111/4:;t
<
4 :j
Airport Special Cargo Commissionerate (APSC)
Avas Corporate Point, Andheri-Kurla Rd., Mumbai-59 INDIAN CUSTOMS
BHARAT SARKAR

F. No. AirSCC/ 71/ 06/2015-16 Pros. Cell (APSC) Date: 20.10.2021

R/'
1 ' :jai OreUnit( (0
To .00 Receipt
, ot,,
The Assistant Commissioner of Customs,
Prosecution cell (General) oral 2 9 OCT 2021
New Custom House, Ballard Estate, Mumbai-I
+4:0mtiouse mutor.d,
•ire.
Sub:- Appointment of SPP Smt. Anuradha Mane - reg.

Please refer to letter vide F.No. SG/INV-53/2020-21/SIIB APSC dated

18.10.2021 and application filed in the court by Advocate for Applicant (both
copies enclosed).

Shri Mayank Jawahar Daga had filed an anticipatory bail Application no.
-1828 of 2021 in the court of Spit Judge -taking NDPS Matters for Mumbai. In_
the said case, Smt. Anuradha Mane is representing the said matter in the court
of Spl. Judge taking NDPS Matters for Mumbai. The Advocate for Applicant has
filed an application in the court to produce Mrs. Anuradha Mane the
notification regarding appointment of her a Special Public Prosecutor.

In this regards, since your office appoints Special Public Prosecutors

(SPPs) for handling of Criminal cases in Mumbai Customs Zones before the
Subordinate Courts/Courts of Session & High Court, you are requested to
forward notification under Sec 24 of the Cr.P.0 by which SPP Smt. Anuradha
Mane has been appointed.

Yours faithfully,

RajKumar Kulkarni
Assistant Commissioner of Customs,
Prosecution, APSC, Mumbai-III

End: As Above
 2881
1447787/2021/CRU-O/o Pr Commr-Cus-Gen-Zone-I-Mumbai

ITT/ Government of India

fdwiliew / Ministry of Finance
CP141 OW Office of
YFT/743/Th
ifif 14/-gre,
Pr. Commissioner of Customs
Airport Special Cargo Commissionerate (APSC)
BHARAT SARKAR Avas Corporate Point, Andheri-Kurla Rd., Mumbai-59 INDIAN CUSTOMS
F. No. SG/INV-53/2020-21/SIIB APSC Dated 18.10.2021
To
The Assistant Commissioner of Customs,
Prosecution section,
APSC, Mumbai-III

Sub:- Appointment of SPP — reg.

Shri Mayank Jawahar Daga had filed an anticipatory bail Application

no. 1828 of 2021 in the court of Spl. Judge taking NDPS Matters for
Mumbai. In the said case, Smt. Anuradha Mane is representing the said
matter in the court of Spl. Judge taking NDPS Matters for Mumbai. The
Advocate for Applicant has filed an application (copy enclosed) in the court
to produce Mrs. Anuradha_. Mane the notification regarding appointment of
her a Special Public Prosecutor.
In this regards, necessary advice is solicited on the application
submitted by the Advocate for Applicant in the court of Spl. Judge taking
NDPS Matters for Mumbai.
Yours faithfully"

(Neeraj Chaudhary)
End: As Above Appraiser,
Special Investigation and Intelligence Branch
are's'

ptv qR
 2882
FOR MUMBAI AT MUMBAI
1447787/2021/CRU-O/o Pr Commr-Cus-Gen-Zone-I-Mumbai

*_.„ OF 2021
ANTICIPATORY BAIL APPLICATION NO.
IN
F. No. APSC/CUS/50/CC/ 646 / 2020-21
_Applicant/
Mayank Jawahar Daga
Accused
V/s

APSC, Customs vide

F. No. APSC/CUS/50/CC/646/2020-21) ...Respondent

MAY IT PLEASE YOUR HONOUR :

1. The Applicant is being prosecuted by the Central

Government Agency through Customs.

2. That a person representing a Central Government Agency is

either a Public Prosecutor or a Special Public Prosecutor.
That the Public Prosecutor and the Special Public
Prosecutors are appointed u/s 24 of the Cr.P.C. The Cr.P.C.
Chapter XVIII prescribes the procedures for trial before a

Sessions Court.

3. That Sec 24 of the Cr.P.C. has defined Public Prosecutors.

A !gear perusal of Sec 24 of the Cr.P.C. would envisage
three kinds of Prosecutors

(a) Public Prosecutor.

(b) Addl Public Prosecutor
(c) Special Public Prosecutor

4. The wordings of section 24 of the Cr.P.0 would mean that

the appointing authority for the above class of Prosecutor
are either the State Govt or the Central Govt. Hence by
virtue of the above it can be stated that a Public Prosecutor
or a Special Public Prosecutor are required to be appointed
either by the State Govt or the Central Govt.
 2883
1447787/2021/CRU-O/o Pr Commr-Cus-Gen-Zone-I-Mumbai
5. That to conduct the prosecution for the Central t
Government, the Govt of India, Ministry of Law and
Justice, Dept of Legal Affairs appoints prosecutors in
exercise of Power conferred by sec 24 of the Cr.P.C. The
same is issued vide Notification

6. It is submitted that presently Advocate Anuradha Mane is

appearing for the Central. Govt Agency through the
Customs. That in the other courts also it has been brought
to the notice of the respective courts by other lawyers that
there is no notification u/s. 24 (8) of the Cr.P.C. appointing
her as a Prosecutor or Special Public Prosecutor.

7. Hence in the interest of justice and fairplay Advocate

Anuradha Mane is called upon to produce her notification
u/s. 24 (8) of the Cr.P.C. appointing her as a Prosecutor or
Special Public Prosecutor by Govt of India, Ministry of Law
and Justice, Dept of Legal Affairs.

8.
That if no such appointment is there then the legal validity
of the entire proceedings gets adversely affected.

9. Hence it is most humbly prayed that

This Hon'ble Court be Pleased to :

(a) Direct Mrs. Anuradha Mane to produce her

notification u/s. 24 (8) of the Cr.P.C. appointing her
as a Prosecutor or Special Public Prosecutor by Govt
of India, Ministry of Law and Justice, Dept of Legal
Affairs

Mumbai,
Dated apic(
idl
Advocate for the Applicant