The National Investigation Agency (NIA) court on Wednesday dismissed Mumbai Police officer Sachin Waze's appeal to be kept under house arrest for three months for recovery post heart surgery.
Waze will instead be shifted to Taloja Jail Hospital.
The court has, however, allowed home food to be delivered to him and said that he can be shifted to the JJ Hospital in case of emergency.
He had undergone a heart bypass surgery on September 13 at a private hospital.
Waze, in his application, while seeking house arrest for a period of three months, had said he had undergone a complex cardiac surgery with five grafts and that there was a high possibility of contracting an infection in a non-sterile environment.
Waze was also ready to bear the cost of posting seven police guards at his house.
Waze's lawyer argued that the four walls and the roof of the jail should be replaced by four walls and the roof of his house. He stressed that the rules and regulations as set out in the jail manual could be followed.
During the argument of the case, Waze's lawyer said that there is no question of absconding because Waze would be in their custody, there will be security staff, the room where he will stay will have different access.
"His wife and daughter will only meet him for medication and food. The advocates will meet me as per the jail manual once or twice a week. This is only with the intention of ensuring a clean environment and medical treatment is available to the accused. Tuberculosis is one of the life-threatening infections that occur in jails," the lawyer argued.
Special NIA Judge AT Wankhede while going through Waze's report from the private hospital that stated that he would recover within four to five weeks and can lead a normal life questioned the need for house arrest.
Special Public Prosecutor representing NIA argued that in the garb of house custody, what the accused was seeking was interim bail.
He further added that the "fundamental right of an accused is there, no doubt. But the court has to balance this right with that of the public interest. The hospital discharge summary has been received. Instructions on post-discharge care are given. It states that the accused can start his day-to-day work. In fact, after six weeks, he can begin heavy-duty work."
The Public Prosecutor further gave the option of a civic-run hospital if the accused so desired that he should be kept away from jail.
"My further investigation could get hampered if this is allowed. In house custody, relatives and other people could come and meet and witnesses could be affected," said the Public Prosecutor.
NIA arrested Waze in March in connection with the investigation into the recovery of explosives from a car parked near Mukesh Ambani's house in Mumbai. Waze is the prime accused of placing an explosives-laden vehicle near Reliance Industries Chairman Mukesh Ambani's house Antilia in Mumbai on February 25.
Waze was also accused of the murder of Mansukh Hiren, the owner of the vehicle that was found containing explosives materials outside Antilia. Hiren was found dead on March 5 in Thane.
Waze, former Assistant Police Inspector in the Crime Intelligence Unit (CIU), was later transferred to the Citizen Facilitation Centre at Mumbai Police Headquarters after his name came up in Mansukh Hiren's death case.
Waze was dismissed from service in May 2021.