(1.) This bunch of appeals arise out of judgment dated 17. 05. 2002, by the learned Judge, Special court under the Maharashtra Control of organised Crime Act, 1999 (hereinafter referred to as "mcoca" for the sake of brevity) in Special Criminal Case No. 1 of 2000.
(2.) Facts, which led to prosecution and conviction of appellants have been elaborated by the learned Judge, Special Court under mcoc Act in her painstakingly written judgment. They may be briefly stated as under: in Itwari area, which is commercial hub of Nagpur having large number of jewellers and goldsmiths, a gang led by appellant Santosh ambekar (in Criminal Appeal No. 324 of 2002)was operating. This gang indulged in extortion, forcing transfer of properties and other criminal acts whereby they amassed huge wealth. Appellant Santosh was working with builder anil Ninawe, who was originally a goldsmith. Ninawe had engaged a commission agent by name Ashok Botnis (appellant in Criminal Appeal no. 323 of 2002) for deals in property. Santosh and Ashok Botnis, who knew of Anil Ninawe's deals, started recovering money meant for Anil ninawe without latter's knowledge. This led to clashes between Santosh and Anil.
(3.) Appellant Santosh was absconding. A search was launched and a proclamation too was issued. Since Santosh failed to appear, his properties were attached. Permission to tap telephone connections of relatives of Santosh was obtained and on the basis of information received from the intercepts, appellant Santosh was arrested at mumbai Airport on 23-7-2000. The intercepts also provided clues about involvement of other accused.
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