TaxTMI 
TaxTMI 
2025 (6) TMI 363
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....uring search on 06.03.2012 from the residence of Mr. Sayed Mohd Ahmad Kazmi and in the custody of Special Cell, Delhi Police; (c) One silver colour Maruti Alto Car bearing registration no. DL 9CL0428, Engine no. F8DN-3134041, Chasis no. MA3EYD81-S00439143 registered in the name of Mr. Sayed Mohd Ahmed Kazmi seized by Special Cell Delhi Police on 06.03.2012 under seizure memo (Mr. Sayed Mohd Ahmad Kazmi in his statement dated 11.03.2015 had stated that this car has been released to him by the court on Supurdari). 2. As per the facts of the case, the accused Mr. Sayed Mohd Ahmad Kazmi (herein appellant) was involved in the alleged conspiracy facilitation of the commission of offence regarding explosion on the vehicle of Israeli Ambassy on 13.09.2012 are mentioned as under: 3. That the accused Mr. Sayed Mohd Ahmad Kazmi was involved in the alleged conspiracy and facilitation of the commission of offence regarding explosion on the vehicle of Israeli Embassy on 13.02.2012. 4. That Special Cell, Delhi Police, New Delhi, has registered an FIR bearing No. 04/2012 on 13.02.2012 against unknown persons for commission of offences under section 307, 427 and 120-B of IPC 1860 and Section....
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....mi, resident of F-17-18, B. K., Dutt Colony, Jor Bagh, New Delhi was arrested in the case on 06.03.2012 as he has conspired and facilitated the aforesaid commission of crime. 7. Examination of eye witnesses namely, Shri Gopal Krishnan and Shri Bharat Bhushan revealed that on 13.02.2012 at about 3.10-3.15 PM, at Bhinder Point, traffic signal on Aurangzeb Road, due to red light, vehicles had halted and were waiting for traffic signal to turn Green. In the meantime a motor cycle came from the rear to the right side of the Innova Vehicle No. 109 CD 35, and halted near central verge. The driver of said motor cycle wearing a helmet and light brown coloured jacket, stuck a square shape box type of object on the rear right side on the halted aforesaid Innova car with his right leg and moved towards red light. Immediately, a blast took place within 2-3 seconds on the said Innova car and other vehicles halted at the spot were also damaged. After blast, the Innova car caught fire. The occupants of the Innova car Mrs. Tal Yehoshua Koren w/o Mr. Awne Yehoshua (an employee at Israel Embassy), Shri Manoj Sharma (driver of Innova car) and two other persons Shri Arun Sharma and Shri Manjeet Singh....
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....hat user of 8860484945, after activating the said number moved in Delhi in the areas of Paharganj, Karolbagh, Ramnagar, Connaught Place, Chanakya Puri, Khan Market and Aurangzeb Road (areas around the Israel Embassy & the route taken by Mrs. Tal Yehoshua Koren) and the mobile no. was discontinued after its location at IGI Airport on 06.05.2011. 11. Thereafter, on 25.06.2011, the said number was found roaming in Georgia and this number again logged in India on 29.01.2012 and switched off on 13.02.2012 at about 9 pm at IGI Airport. The user of said No. 8860484945, during his stay in Delhi i.e. from 29.01.2012 to 13.02.2012, most of the time moved in the areas of Faiz Road, Karol Bagh, and in/around the location of Israel Embassy situated at Aurangzeb Road. 12. It was also revealed that mobile No. 8860484945 had made communication with different Indian mobile numbers. Efforts were made to trace and identify the users of such Indian numbers and to verify their roles. One of these numbers 98112-72415 (Vodafone, Delhi), which was found subscribed in the name of Mr. Sayed Mohd Ahmad Kazmi S/o Mr. Syed Ali Najaf Kazmi, r/o F-17 & 18, BK Dutt Colony, Jorbagh, New Delhi, who, on enquiry,....
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....ne MTNL Bill and one RC of Kinetic Moped bearing registration no. HR-51 T 53 06 with forms nos. 29 & 30 and the following were also recovered by the police (i) One CPU make Samsung; (ii) One CPU make HP Campaq; (iii) One Laptop Toshiba; (iv) One envelope containing US$ 1250, which according to Mr. Sayed Mohammad Ahmad Kazmi, was part of the payment of US$ 5500 that he had received through Mr. Houshang Afshar Irani and from Mr. Mehdiansadr Seyed Ali as payments for the task assigned to him in pursuance of conspiracy to attack Israeli Diplomat in Delhi; apart from above the following items were also recovered on 06.03.2012 from the residence of Mr. Sayed Mohd Ahmad Kazmi (1) One mobile phone Nokia Model C-3, IMEI No. 357019045947123 having MCI SIM Card No. 8998111200000525186, (ii) one mobile phone charger (iii) One headphone and (iv) One SIM container card without SIM on which "Mobile Communication Company of Iran" & "Postpaid" was printed (which he had received for contacting Mr. Seyed Ali and his associates). 15. During Police custody remand, the accused Mr. Sayed Mohd. Ahmad Kazmi disclosed that the planning for the attack on Israeli Diplomats began in January, 2011, when he we....
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....fshar Irani again conducted the recce of the routes used by Israeli Diplomats. 17. On analysis of the call details of Mobile No. 9811272415 recovered from the possession of Mr. Sayed Mohd Ahmad Kazami, it was found to be subscribed in his name, this number had communicated with Mr. Mehdiansadr Seyed Ali on his Iran number 980126488717 on 05.05.2011 at 1804 hrs and on 06.05.2011 at 1000 hrs, 1003 hrs & 1008 hrs. He also communicated with Mr. Houshang Afsar Irani on his number 8860484945 on 05.05.2011 at 1813 hrs, 1820 hrs, 1847 hrs and on 06.05.2011 at 0932 hrs. It was further revealed that Mr. Sayed Mohd Ahmad Kazmi moved at and around Israel Embassy on several occasions, particularly during the visits of Mr. Houshang Afsar Irani in April/May, 2011 and January/February, 2012 and also during the visit of Mr. Mehdiansadr Seyed Ali and Mr. Mohd Reza Abolghasemi in May/June, 2011. 18. On retrieval of data from the two mobiles phone seized from Mr. Sayed Mohd Ahmad Kazmi, it was found that in the contact list Nokia Model C-3, ΙΜΕΙ Νο. 357019045947123 of SIM Card No. 8998111200000525186, mobile No. 09123944144 was found in the name of Masoud who was ap....
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....n verified from the guest entry register of said hotel were found for their stay from 28.05.2011 to 04.06.2011. 22. During investigation Mr. Sayed Mohd Ahmad Kazmi had disclosed that he had arranged one Air India ticket No. ETKT 0985174097715 dated 31.05.2011 from Delhi to Muscat issued on 30.05.2011 in the name of Mr. Mehdiansadr Seyed Ali from M/s Pacific Travels, 206, Prakashdeep, 2 Tolstoy Marg, New Delhi, which was verified by the Special Cell, Delhi Police. On 14.03.2012, the accused Mr. Sayed Mohd Ahmad Kazmi also identified the photographs of Mr. Houshang Afshar Irani, Mr. Abolghasemi Mohammad Reza and Mr. Mahdiansadar Seyed Ali and stated that he personally knows all of them and one of them involved in the attack on Israeli Women Diplomat in Delhi on 13.02.2012. 23. During investigation the accused Mr. Sayed Mohd Ahmad Kazmi also disclosed that Mr. Mahdiansadar Seyed Ali had contacted him through a Delhi mobile number during his visit in the month of May/June, 2011. The said number was found to be 9971331978 as revealed by further analysis of mobile number 98112-72415 of Mr. Sayed Mohd Ahmad Kazmi. The Mobile number 99713-31978 was found being used by one Mr. Kultar Si....
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....aving Off-white colour from there, were taken into police possession through seizure memo and all the exhibits collected during the investigation were deposited for the purpose of analysis and expert opinion, at CFSL, CBI, CGO Complex, Lodhi Road, New Delhi on 15/03/12. 26. During investigation as per the details obtained from FRRO, the accused, Mr. Sayed Mohd Ahmad Kazmi and co- accused persons namely, Mr. Houshang Afsar Irani and Abolghasemi Mohammadreza were found to have travelled through Mahan Air of Iran. Therefore, further details were obtained from Mahan Air which revealed that accused Mr. Sayed Mohd Ahmad Kazmi had visited Tehran, Iran for 8 times through that Airline since 2004, Houshang Afshar Irani travelled 3 times and Abolghasemi Mohammadreza travelled once. As the offence punishable under Section 16 & 18 of unlawful activities (Prevention) Act 1966 and Section 3 of Explosive Substantiative Act, 1908 are Scheduled Offences mentioned in the PMLA, the Director of Enforcement recorded ECIR No. 06/DZ/2012/DD(SC) dated 20.03.2012 against Mr. Sayed Mohd Ahmad Kazmi to initiate investigation for commission of offence under Section 3 of PMLA punishable under Section 4 of P....
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....ant, he pointed out that there was ample incriminating material against the appellant. He argued that the chargesheet is already filed against the appellant for commission of predicate offences and he is yet to be acquitted in the said criminal case, and hence, the question of allowing the appeal and releasing the property, at this pre-mature stage does not arise. He further argued that ED cannot reinvestigate the commission of offence qua the predicate offence and it has to confine itself to the commission of offence of Money Laundering and the trail of 'proceeds of crime'. He stressed that the appellant failed to point out any irregularity in the impugned order. Prayer is accordingly made to dismiss the present appeal being devoid of any merit. 5. After hearing the rival submissions, I have given my thoughtful consideration of the same. The contention of the appellant is that merely filing of chargesheet by Delhi Police, is no ground to believe regarding the commission of alleged fraud, in absence of any independent investigation by ED and thereby, attaching the properties in absence of any evidence to substantiate this allegation. In this regard, I am of the view that the pol....