TaxTMI 
TaxTMI 
2021 (6) TMI 1175
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....ioner is a young boy aged 32 years and is not concerned with the so-called fake call centre being run. Petitioner has clarified that he is working with M/s. Deans Infratech Pvt. Ltd. which has its offices in Delhi, Mumbai and are engaged in the road construction business, which fact has been verified by the investigating officer. Hence the petitioner is sought to be falsely implicated in this case. The so-called employees of the call centre were all granted regular bail without any Police custody remand. All the computers, datas, phones which are required for investigation have already been recovered and no recovery is required to be made from the petitioner. Since the offences alleged against the petitioner are punishable with sentence upt....
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....State on the other hand contends that the petitioner is the king pin of the fake centre being run by virtue of which several victims in USA were cheated by way of VOIP calls. The petitioner is one of the main accused who was running the centre, as is evident from the investigation carried out from the co-accused who were found working at the said centre. The co-accused were taking instructions from the petitioner and were duly reporting to him. The money transaction was done by the petitioner through crypto currency and Zelle account and to overcome trail of the money, call centre employees were paid the salary in cash. Learned APP further contends that one of the victims from U.S. has joined the investigation who has been cheated to the tu....
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....tim's computer/mobile remote access was connected to the software like Quick Support, Any Desk, etc., in the fictitious name of connecting victim to secure Amazon server. Thereafter the victim was made to purchase e-Gift cards (X-Box, Gpay etc.) through their Amazon account linked Credit/Debit cards claiming that to be dummy transaction and part of verification process, thereby persuading the victim to login into their internet banking for getting Amazon refund amount resulting in the accused getting the information regarding victim's banking credentials and making them transfer amount to temporary Zelle accounts, crypto-currency wallets of the accused. E-mail was then sent to the victim that they had been successfully granted refun....
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....d who had hired the 17 arrested accused in a pre-planned criminal conspiracy to cheat US victims. The e-gift cards procured from the US victims deceitfully were converted into Indian currency in cash by the present petitioner. The Zelle account/US accounts/crypto-currency wallets used to receive cheated amount were also procured and under the control of the present petitioner. The mobile phone of the petitioner was connected with the e-mail ID which was being used at the alleged centre to deceive the victims and as per the co-accused arrested, the petitioner was acting in the capacity of the owner of the centre. On arrest of the co-accused screen-shots of the chats between the petitioner and the co-accused were recovered which indicated tha....
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....d upon by learned counsel for the petitioner, Supreme Court dealt with Section 41 Cr.P.C. and emphasising on Section 41(1)(b) Cr.P.C. it was observed that when a person is accused of an offence punishable with imprisonment for less than 7 years or which may extend to 7 years with or without fine, not only has the Police officer to be satisfied that the accused has committed the said offence, but he is also required to be satisfied that the arrest of the accused is necessary to prevent such person from committing any further offence, or for proper investigation of the offence or to prevent such person from exploiting the evidence of the offence to disappear or tamper such evidence in any manner or to prevent such person from making any induc....
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....Government exchequer and the extent of cheating to the number of victims involved is also required to be unearthed and based on this material the investigating officer sought the non-bailable warrant of the petitioner which has already been granted by the learned Trial Court vide its order dated 13th May, 2021. 10. Learned counsel for the petitioner has vehemently relied on the fact that the petitioner is working with M/s. Deans Infratech Pvt. Ltd. with its offices at Delhi and Mumbai and the company is engaged in the road construction business. Though this fact has been verified form the Managing Director of the company who stated that the petitioner was appointed in his company on 8th September, 2017 as Business Development Manager and....