Reva Khetrapal, J.

1. By this appeal filed under Section 12 of the Maharashtra Control of organized Crimes Act, 1999 (for short the MCOCA), the appellant seeks to assail the order on charge dated 12th October, 2006 and the charge dated 3-11-2006 whereby the learned Special Judge, MCOCA, New Delhi has charged the appellant under Sections 4 and 5 of the Immoral Traffic (Prevention) Act, 1956 (for short the ITP Act), Sections 3(1)(ii), 3(4), 3(5) and Section 4 of the MCOCA and Section 420 read with Section 120B of the IPC in FIR No. 96/2005, Police Station Chanakya Puri.

2. The brief facts as they emerge from the record are that on 19th April, 2005, SI Sajjan Singh, on receipt of information that the appellant Kamaljeet Singh and his associate Pappi supply girls for prostitution in Five Star Hotels and carry on their business through mobile No. 9810645454, passed on the said information to ACP Kumar Gyanesh, who directed SI Sajjan Singh to strike a deal on the above mobile number. SI Sajjan Singh accordingly struck a deal on Phone No. 26109027 from the ARC Office Crime Branch and upon talking to the person receiving the call identified himself as Pappi, and agreed to provide a girl for sexual purposes for two hours which would cost Rs. 20,000/-. He was asked to call again on the same telephone number after two minutes, and on his doing so, SI Sajjan Singh was told that he should meet him outside the main gate of Taj Palace Hotel at 4.00 p.m., and asked to pay Rs. 5,000/- in advance for the chosen girl.

3. On the above information, a raiding party was organized with the decoy customer, and currency notes in the sum of Rs. 5,000/- in the denomination of Rs. 500/- each, signed by the A.C.P., were handed over to the decoy customer Charan Singh, who was briefed to enter into a deal and to give a fixed signal once the deal was struck. SI Sajjan Singh was made a shadow witness to watch the transaction. At about 4.15 p.m., a white Maruti car bearing No. DL 3CG 0609 stopped at the main gate of the Hotel, and two girls and a man got down from the car and started conversing with the decoy customer-Charan Singh. On the latter giving the required signal, the raiding party rushed to the car and overpowered Arvinder Pal Singh @ Pappi and the two girls with him, whose names were subsequently revealed as Pooja @ Bijli and Sonali.

4. The decoy customer, Charan Singh told SI Sajjan Singh that Arvinder Pal Singh @ Pappi while presenting both the girls had told him that, to have sex with them Rs. 20,000/- each would be charged and Rs. 5,000/- had to be paid in advance. Meanwhile, Pooja while winking her left eye and stretching herself made gestures presenting herself for sex and the other girl Sonali also displayed vulgar gestures. Arvinder Pal Singh demanded the advance money and Charan Singh handed over the said ten currency notes in the denomination of Rs. 500/- each, which Arvinder Pal Singh kept in his shirt pocket.

5. SI Sajjan Singh, who was a shadow witness corroborated the above facts. Thereafter, on search of Arvinder Pal Singh by SI Ashok Kumar, he was found in possession of the same ten numbered currency notes in the denomination of Rs. 500/- each, signed by the IO. The said currency note were kept in a white polythene, sealed with the seal of SSY, and taken into possession. All the accused persons were apprehended and arrested under Sections 4/5/8 ITP Act.

.6. In the course of investigation, accused Arvinder Pal Singh alias Pappi made a disclosure statement that he was carrying on a prostitution racket at the behest of the appellant Kamaljeet Singh, who is a known pimp, and that out of the proceeds of the said business, the major share of 50% was that of Kamaljeet Singh, whereas the remaining amount was equally shared between him (Arvinder Pal Singh) and the chosen girl. During interrogation, accused Pooja @ Bijli and Sonali Parveen also disclosed that the appellant was indulging in the dubious trade of prostitution in five s