JUDGMENT : ( Per : R.C.Chavan, J)

1. This bunch of appeals arise out of judgment dated 17.05.2002, by the learned Judge, Special Court under the Maharashtra Control of Organised Crime Act, 1999 (hereinafter referred to as .MCOCA. for the sake of brevity) in Special Criminal Case No.1 of 2000.

2. Facts, which led to prosecution and conviction of appellants have been elaborated by the learned Judge, Special Court under MCOC Act in her painstakingly written judgment. They may be briefly stated as under :

In Itwari area, which is commercial hub of Nagpur having large number of jewellers and goldsmiths, a gang led by appellant Santosh Ambekar (in Criminal Appeal No.324 of 2002) was operating. This gang indulged in extortion, forcing transfer of properties and other _

criminal acts whereby they amassed huge wealth. Appellant Santosh was working with builder Anil Ninawe, who was originally a goldsmith. Ninawe had engaged a commission agent by name Ashok Botnis (appellant in Criminal Appeal No.323 of 2002) for deals in property. Santosh and Ashok Botnis, who knew of Anil Ninawe's deals, started recovering money meant for Anil Ninawe without latter's knowledge. This led to clashes between Santosh and Anil.

3. On 9-4-1999 after 5.30 p.m., Anil had received a telephonic warning to save himself. After about 8.05 p.m., 15-16 persons armed with deadly weapons assaulted Anil Ninawe while he was about to board his car for returning home. Anil's brother Subhash attempted to ward off assailants by pelting stones but fled when assailants attacked him. Anil was lying in a pool of blood. He was taken to Mayo Hospital but was pronounced dead. An offence was registered against appellant Santosh and others at Police Station Lakadganj, which has been separately investigated into, and in which separate chargesheet was filed.

In the said Sessions Case No.161 of 2000, appellants Santosh, Babloo and Prakash were acquitted by Court of Sessions on 5-8-2005. _

4. PI Prakash Mahajan submitted a proposal on 20-8-1999 for permission under Section 23(i)(a) of MCOC Act for registering information against appellant Santosh under MCOC Act. On 26-9-1999, necessary permission was granted by the Commissioner of Police, Nagpur. ACP Kotwali Division was entrusted with investigation. Accordingly, PI Mahajan registered Crime No.299 of 1999 for offences punishable under Sections 3 and 4 of MCOC Act and Sections 386, 387, 120-B and 109 of the Penal Code on 26-9-1999 and made over investigation to ACP Shri Siram.

5. Appellant Santosh was absconding. A search was launched and a proclamation too was issued. Since Santosh failed to appear, his properties were attached. Permission to tap telephone connections of relatives of Santosh was obtained and on the basis of information received from the intercepts, appellant Santosh was arrested at Mumbai Airport on 23-7-2000. The intercepts also provided clues about

involvement of other accused.

6. Upon transfer of ACP Siram, investigation was entrusted to ACP Solanki and after him to ACP Rude. In course of investigation, other gang members were arrested, interrogated and at their instance properties were seized. Inventories of properties amassed were also drawn up. Criminal record of gang members was collected and on finding that there was enough evidence of involvement of the accused persons in offences punishable under Sections 3 and 4 of MCOC Act along with other offences, permission was sought under Section 23(2) of MCOC Act to file chargesheet. Upon receipt of such permission, chargesheet was filed in the Special Court against the following accused persons (hereinafter referred to by their numbers in Trial Court).:

Sr.No. Name of Accused Appeal No. Remarks

1 Santosh Shashikant Ambekar 324/2002 Son of Accused Nos.

1 & 11, brother of Accused No.12.

2 Bablu @ Hemant Narayan

Mohite 318/2002 -

3 Prakash Namdeo Dhande No Appeal No appeal

4 Habib Abdul Rashid S/o. Abdul

Rashid Rath

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