TADA Judge P D Kode passed the order on a plea moved by the actor's lawyer Satish Manshinde to call for a probation officer's report while considering his application for relief to Dutt instead of serving a jail term under the Arms Act.
The 48-year-old actor was convicted by the TADA court for possessing a nine mm pistol and an AK-56 assault rifle under the Arms Act.
He faces a jail term of 5 to 10 years under the Arms Act for possession of weapons.
In a related development, the court has directed the Mumbai police to file its confidential report on February 28 regarding the threat perception to extradited gangster and blast accused Abu Salem, who was supposed to be produced in a local court at Delhi in response to a production warrant issued against him in an extortion case.
Advocate Ashok Sarogi, while moving the application on behalf of Salem, told the court that for Mumbai police, taking Salem by a train to Delhi, will take more than 24 hours to reach the capital.
Also the don has to travel in the general compartment during this journey, which could be a threat to his life.
He said that recently Salem had undergone a medical test, which indicated that he was suffering from the spinal cord problems, hence he has been medically advised not to make a lengthy journey.
He said that Salem is ready to bear the expenses of the journey to Delhi by air for him as well as the police escort. Advocate Sarogi further said that Delhi police be directed to allow one of the Salem's lawyers to remain present during his interrogation.
The plea was strongly opposed by Special Public Prosecutor Ujwal Nikam, who said that Salem should not be given extraordinary treatment as well as threat perception is concerned, Mumbai police is capable of making security arrangements for the don.
Upon which, Salem disagreed with his lawyer and asked him to withdraw the plea seeking facility during his travel at Delhi as well as during his custody with the Delhi police.
Advocate Sarogi, however, informed the court about the desire made by Salem and sought permission to withdraw the plea. The court, however, turned down the request and said that it has already directed the police to file a report about the alleged threat perception.
Meanwhile the court could not announce the date of pronouncing the final verdict for awarding conviction to hundred convicts.
According to sources, the court is in the process of pronouncing the final date of judgement.
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