His argument was inconclusive and will resume tomorrow before Justice SS Parkar, who will then hear the public prosecutor on behalf of the state and Mumbai police.

Mr Shah's counsel Ashok Desai submitted that his client was entitled to go through the remand papers without which he could not oppose it and urge for bail. He challenged the order of a lower court which refused him access to remand papers. Mr Desai alleged that it was astonishing that Mr Shah had not been provided the remand order or a copy of the first information report. Mr Desai, during his two-hour long deposition, argued that Mr Shah had a right under the Constitution to engage a lawyer of his choice and see him during the remand period. This right had been taken away by the trial judge who had noted in his order that the accused could meet his lawyer only after the investigation officer permits.

Mr Shah, who has financed many big banner films, has also challenged the order of the trial judge who ruled that his bail would not be considered until the investigation was over. He argued that investigation may take 180 days and till then, the court could not prevent an accused from seeking bail. Mr Shah's counsel also argued that section 14 of the MCOCA laid down a mandatory provision of obtaining sanction from a competent authority for intercepting telephonic conversations on the basis of which the film financier had been booked. No such sanction had been produced before the court.

Meanwhile, special public prosecutor Rohini Salian, in her say on the plea made by Mr Shah for release of the film's negatives, informed a special court that the film producer and accused Nasim Rizvi had revealed during interrogations his right over the release of the controversial movie, "Chori Chori Chupke Chupke."

Both Mr Shah and Mr Rizvi are being tried under the MCOCA for their alleged nexus with the underworld and had made counter claims of rights over the movie. Under the circumstances, it would not be proper to release the film's negatives to either of them, Ms Salian said.

Moreover, she said, the case of police is that it has been financed by Karachi-based gangster Chota Shakeel and thus the film became an "incriminating material," she added.