B. R. GAVAI, J. :- Heard.

2. Rule. Rule returnable forthwith. By consent of the parties, the petition is taken up for hearing finally.

3. The Petitioner has approached this Court praying for setting aside the order of conviction dated 16th May, 2007 and for release of the petitioner from the said case.

4. The facts, in brief, giving rise to the present petition are as under:

The petitioner along with 12 others was prosecuted for the offence punishable under Section 3(1) (ii) and 3(4) of The Maharashtra Control of Organised Crime Act, 1999 ("MCOC Act" for short). One of them was discharged and two being juveniles, their trial was separated. As such only eight accused underwent the trial. The present petitioner after framing of the charges pleaded guilty. At the conclusion of the trial, the learned trial Judge found that the prosecution has utterly failed to prove the case against the other seven accused. It was specifically found that the prosecution has failed to bring on record sufficient evidence to establish that the provisions of MCOC Act were attracted. As such, other seven accused came to be acquitted. In this back ground, the petitioner has approached this court.

5. T