Mumbai: The Bombay high court on Thursday asked how dismissed assistant police inspector Sachin Waze, who was drawing a monthly salary of less than Rs 1 lakh, could afford a Mercedes which he drove to his office in the city police commissioner’s office and Varsha bungalow, official residence of the CM.

The court said, “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 in the Mercedes.” The HC also questioned a month-long stay at a South Mumbai five-star hotel in Nariman Point which the

NIA said was booked in someone else’s name but the Aadhar card had his photo.

The HC was hearing an appeal by NIA against the Sept 29 order by the special court granting Waze bail in the Antilia bomb scare and Mansukh Hiren murder case.

Justice Girish Kulkarni said at the hearing that when a crime is attributed to a person in police uniform, issues such as integrity and conduct are examined as well. Waze has been behind bars since his March 2021 arrest under the anti-terror law UAPA and murder charges.

The NIA said the trial court had needlessly faulted the prosecution for not recording statements of the

Mukesh Ambani family. Neither actual terror nor a statement of the intended victim is an ingredient of the offence, but an attempt or its likelihood are crucial components of the offence as well, said additional solicitor general Anil Singh.

The special court has questioned the invoking of terror charges against Waze.

Waze had planned the planting of the 20 gelatin sticks and threat note in his friend Hiran’s four-wheeler to create terror not just in the minds of one family but in the entire society, he said.

After the ASG read out parts from the chargesheet to recount the case against Waze, the HC bench orally observed how even when Waze went to the police chief’s office, he drove in a Mercedes from another gate. “Even went to Varsha bungalow in a Merc… stayed at a five star for 100 days on an API salary? Why? And on a bogus Aadhar card?” The ASG said he didn’t know why the hotel was booked for 100 days, but the Aadhar card used for the booking had “fake number and address, but shows Waze’s photo.”

The HC asked, “Is there any material to show from where the gelatin sticks were purchased? It must be a controlled substance. For selling you also need a license. Similarly for purchase also a license must be required?” The ASG said it was not known from where. He added, “Waze did not cooperate with the probe.”

The HC also asked NIA what prejudice would be caused to the agency if Waze is released since bail was granted with stringent conditions imposed on him and charges are already framed. One of the bail conditions is for Waze to stay outside Mumbai.

ASG Singh said Waze was the CIU head of Mumbai’s crime branch and is influential, hence the agency fears he will tamper with evidence and witnesses and hence bail ought to be cancelled. He also beseeched HC to consider the seriousness of crime, adding around 150 prosecution witnesses would be examined and the trial can be expedited.

Waze, represented by advocates V M Thorat and Sajal Yadav, will make their submissions next Thursday.