(1.) These appeals are directed against the judgment and order dated 21st January, 2015 passed by the learned Special Judge of a Court constituted under the Maharashtra Control of Organised Crime Act, 1999 ('M.C.O.C. Act') in Special Case No. 1 of 2010. By the impugned judgment and order, the appellants in all these appeals were convicted for the offences punishable under Sections 3(1)(ii) and 3(4) of the M.C.O.C. Act and sentenced to suffer Rigorous Imprisonment ('R.I.') for a period of five years and fine of Rs.5 lakh each on each count. In default of payment of fine, the appellants have been directed to undergo R.I. for three years.
(2.) Heard learned Counsel for the appellants and learned A.P.P. for State. Mr. Ghanekar, learned Counsel for the appellants would submit that the appellants have not been tried for the offence of organised crime and being members of organised crime syndicate. Evidence has been led in respect of their past criminal antecedents, as such the impugned judgment is unsustainable in law. Learned A.P.P. would, on the other hand, support the impugned judgment and order.
(3.) The facts giving rise to the present appeals are briefly stated as under :-