Ranjana Desai, J.

1. Rule. Rule made returnable forthwith. Respondent waives service. By consent of the parties, taken up for hearing and final disposal.

2. The appellant is original accused 8 in MCOC Special Case No. 8 of 2007 pending in the Special Designated Court constituted under the Maharashtra Control of Organized Crime Act, 1999 (“the MCOC Act” for short).

3. It is necessary to begin with the prosecution case. The prosecution case rests on the evidence of two witnesses. They are referred to as Mr. `X’ and Mr. `Y’ so as not to disclose their identity. It is the case of Mr. `X’ that on 8/10/2006 he received a telephone call from an unknown person who introduced himself as Guru Satam. He stated that he and his associates are required to be paid Diwali. After two days, Mr. `X’ received another call from one Raju threatening him of dire consequences and demanding money. After a few days the said person again gave a telephone call from overseas telephone number and asked Mr. `X’ to contact Guru Satam on the said phone. Thereafter he received a call from a person who identified himself as Guru Satam and demanded money and threatened him of dire consequences if the deman