JUDGMENT :- All these appeals can be disposed of together by a common judgment. These appeals are filed by accused Nos. 1 and 3 to 9 against the Judgment and Order dated 7th June, 2001 passed by Special Judge under Maharashtra Control of Organised Crime Act, 1999 (hereinafter referred to as 'MCOCA'), Greater Bombay, in M.C.O.C. Special Case No.3 of 1999. The accused No.2 has died. Insofar as accused NO.3 is concerned, he is reported to be absconding. As none appeared for him, I thought it appropriate to appoint advocate Siddiqui to espouse the cause of accused No.3 as amicus curiae.

2. The prosecution case is that, on 2nd July, 1999, a secret reliable information was received by the North-West Region of Mumbai Police about some persons likely to transact and carryon or engage in the deal of fake or counterfeit Indian currency from Twilight building in Raheja Vihar Housing Complex. On receipt of the said information, API Mr. Nadgouda and Mr. Pirjadhe working in North-West Region, Mumbai Police, gave intimation in that behalf to the Sakinaka police. The Sakinaka Police were also informed about the possibility of offenders running away by motor car. On receipt of this information, Police Inspector Padwal (P.W.21), PSI Repale (P.W.14) and staff of Sakinaka Police Station formed a team and proceeded towards Raheja Vihar Complex. They waited near the gate for sometime. At about 1.30 a.m., they noticed a Tata Estate car bearing No. MH-01-R-4594 approaching near the security gate of Raheja Complex. The same was intercepted by the raiding party. Gulab Jethanand Khemnani-accused No.5 and Salim Yaqub Kara-accused No.3 were found inside the car. Accused No.5 was driving the car. The accused No.3 and 5 were searched separately on the spot. During the said search, the accused were found in possession of huge quantity of counterfeit currency notes (in the sum of Rs. 5,50,000/-), which were immediately seized under panchanama. On further interrogation of accused Nos. 3 and 5, they led the police party to flat No. 4 of Twilight building in Raheja Complex. Mohd. Parvez Mohd. Jaffer Soda accused No.1, Kishore @ Lala Chetanmal Lalwani-accused No.2 and Ashok Durgashankar Awasti-accused No.4 were found inside the said flat. The accused No. 1 is a Pakistani national and was found in possession of counterfeit notes (Indian currency) in the denomination of Rs. 500/- in the sum of Rs. 3 Lakhs. Search of accused No. 2-Kishore Lalwani, who was another occupant of the flat, was taken. From his personal search six bundles each consisting of 100 fake or counterfeit notes in the denomination of 500 (Rs. 3 Lakhs) were found. Search of accused No. 4-Ashok Awasti, who was also found in the said flat, was taken. He was found in possession of fake or counterfeit notes of total sum of Rs. One Lakh in the denomination of Rs. 500/-. In addition, genuine Indian currency notes in the total sum of Rs. 2,70,000/- were also found in a carry bag in the flat. All these five accused were taken to the Sakinaka Police Station and a case was registered, being C.R. No. 184 of 1999, under sections 489-A, 489-B, 489-C, 467 read with 120B read further with section 34 of the Indian Penal Code, 1860 (hereinafter referred to as the 'I.P.C.'). It is the prosecution case that the accused No.3 during the interrogation, volunteered that he had kept some counterfeit currency notes in a house and was willing to point out the same. On the basis of such disclosure made by accused No. 3 the police party along with panchas went to the place shown by him, which was his house in Antop Hill Central Government Servants' Colony. From the said house, seven bundles each containing 100 fake or counterfeit currency notes in the denomination of Rs. 500/- of total sum of Rs. 3,50,000/- as also genuine Indian currency notes valued about Rs. 5,90,000/were seized at his instance under panchanama. According to the prosecution, during interrogation it was learnt that the accused No.2 had handed over some count

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