GULAB JETHANAND KHEMNANI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) All these appeals can be disposed of together by a common judgment. These appeals are filed by accused Nos.1 and 3 to 9 against the Judgment and Order dated 7th June, 2001 passed by Special Judge under maharashtra Control of Organised Crime Act, 1999 (hereinafter referred to as 'mcoca'), Greater Bombay, in M. C. O. C. Special Case No.3 of 1999. The accused No.2 has died. Insofar as accused No.3 is concerned, he is reported to be absconding. As none appeared for him, I thought it appropriate to appoint advocate Siddiqui to espouse the cause of accused No.3 as amicus curiae.

(2.) The prosecution case is that, on 2nd July, 1999, a secret reliable information was received by the North-West Region of Mumbai Police about some persons likely to transact and carry on or engage in the deal of fake or counterfeit Indian currency from Twilight building in Raheja Vihar Housing complex. On receipt of the said information, API Mr. Nadgouda and Mr. Pirjadhe working in North-West Region, Mumbai Police, gave intimation in that behalf to the Sakinaka police. The Sakinaka Police were also informed about the possibility of offenders running away by motor car. On receipt of this information, Police Inspector Padwal (P. W.21), PSI Repale (P. W.14) and staff of sakinaka Police Station formed a team and proceeded towards Raheja Vihar complex. They waited near the gate for sometime. At about 1.30 a. m. , they noticed a Tata Estate car bearing No. MH-01-R-4594 approaching near the security gate of Raheja Complex. The same was intercepted by the raiding party. Gulab Jethanand Khemnani-accused No.5 and Salim Yaqub Kara-accused No.3 were found inside the car. Accused No.5 was driving the car. The accused No.3 and 5 were searched separately on the spot. During the said search, the accused were found in possession of huge quantity of counterfeit currency notes (in the sum of Rs.5,50,000/-), which were immediately seized under panchanama. On further interrogation of accused Nos.3 and 5, they led the police party to flat No.4 of Twilight building in Raheja Complex. Mohd. Parvez Mohd. Jaffer Soda-accused No.1, Kishore @ Lala Chetanmal Lalwani-accused No.2 and Ashok durgashankar Awasti-accused No.4 were found inside the said flat. The accused no.1 is a Pakistani national and was found in possession of counterfeit notes (Indian currency) in the denomination of Rs.500/- in the sum of Rs.3 Lakhs. Search of accused No.2-Kishore Lalwani, who was another occupant of the flat, was taken. From his personal search six bundles each consisting of 100 fake or counterfeit notes in the denomination of 500 (Rs.3 Lakhs) were found. Search of accused No.4-Ashok Awasti, who was also found in the said flat, was taken. He was found in possession of fake or counterfeit notes of total sum of Rs. One Lakh in the denomination of Rs.500/-. In addition, genuine Indian currency notes in the total sum of Rs.2,70,000/- were also found in a carry bag in the flat. All these five accused were taken to the Sakinaka Police Station and a case was registered, being C. R. No.184 of 1999, under sections 489-A, 489-B, 489-C, 467 read with 120b read further with section 34 of the Indian Penal Code, 1860 (hereinafter referred to as the 'i. P. C. ' ). It is the prosecution case that the accused No.3 during the interrogation, volunteered that he had kept some counterfeit currency notes in a house and was willing to point out the same. On the basis of such disclosure made by accused No.3 the police party along with panchas went to the place shown by him, which was his house in Antop Hill Central Government Servants' colony. From the said house, seven bundles each containing 100 fake or counterfeit currency notes in the denomination of Rs.500/- of total sum of rs.3,50,0007- as also genuine Indian currency notes valued about Rs.5,90,000/-were seized at his instance under panchanama. According to the prosecution, during interrogation it was learnt that the accused No.2 had handed over some counterfeit Indian currency notes to accused Nos.6 to 9. On that information, accused Nos.6 to 9 were arrested on or about 9th July, 1999. Each of these accused during interrogation showed willingness to disclose the place where they had kept the counterfeit notes received by them. Each of these accused Nos.6 to 9 led the police to recover counterfeit notes from the places shown by them. The accused Nos.6, 7 and 8 are concerned, each of these accused have contributed to the recovery of three counterfeit notes in the denomination of Rs.500/-respectively. Whereas, the accused No.9 led to the recovery of two counterfeit notes of Rs.500/- each. Counterfeit currency notes recovered at the instance of accused Nos.6 to 9 were seized under separate panchanama. The prosecution case is that during the investigation, it transpired that the accused were engaged in continuing unlawful activities as members of an Organised Crime Syndicate. The unlawful activities were carried on with the objective of gaining pecuniary benefits and to destabilise the national economy. On the basis of available information, the concerned officer made recommendation to the appropriate authority to grant prior approval for registration of offence under the provisions of MCOCA, as the provisions of MCOCA had already come into force by way of mcoca Ordinance, 1999. After prior approval was granted by the concerned authority, offence under provisions of M. C. O. C. Act came to be registered against the named accused. After application of MCOCA provisions, investigation was proceeded by Assistant Commissioner of Police Mr. Patil (P. W.22) and after him, by Assistant Commissioner of Police Mr. Nimgaonkar (P. W.23), aided and assisted by other police officers under their control.

(3.) According to the prosecution, during the investigation accused No.5 showed willingness to give his confessional statement. Accordingly, investigating officer produced the accused No.5 before the Officer competent to record such confessional statement under the provisions of MCOCA. The said officer in turn himself after being satisfied that the accused No.5 was willing to make disclosure or confessional statement voluntarily and without any pressure whatsoever, only then proceeded to record the confessional statement given by him. In his confessional statement accused No.5 has spoken about the details as to how he got into this unlawful activity. He has disclosed about the involvement of different persons and that similar operations have since been carried on with a view to make financial gains and also to destabilise the national economy. He has named the concerned persons who are mastermind and those who were associated with the said unlawful activity, which was being carried on for some time. During the course of investigation, printout of the telephone numbers furnished by the accused was taken out; and from the said printouts it was evident that the accused were in constant communication inter se. Besides it was noticed that frequent calls were made by the accused to Karachi in Pakistan and dubai on telephone numbers which purportedly belonged to one Tariq @ Baba (A 12) based in Karachi who was the henchman of Dawood Ibrahim Kaskar (A 11 ). On conclusion of the investigation, charge-sheet came to be filed against the accused including five others. In all 14 accused have been named by the prosecution as engaged in the continuing unlawful activity as an Organised crime Syndicate including mastermind Dawood Ibrahim Kaskar and Tariq Baba. However, as the accused Nos.10 to 14 are absconding and wanted accused, the trial proceeded only against accused Nos.1 to 9 who were in custody. The special Court on the basis of material before it proceeded to frame charges against accused Nos.1 to 9, which read thus :