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FINAL REPORT FORM Form: 5‐A
vafre vgoky uequk (Under Section 173 Cr.P.C.)
¼QkStnkjh ifdz;k lafgrsP;k dye 173 vUo;s ½ IN THE COURT OF Hon’ble Sessions Judge, Spl. Court under MPID Act, Sessions Court, Mumbai. 1‐ Dist Mumbai PS E.O.W. Year 2013 FIR No. 89/13 Date: 30.09.2011. (PS M.R.A.Marg CR No. 216/13) ftYgk iksyhl Bk.ks o"ksZ ifgyh [kcj rkjh[k
2. Final Report/Charge Sheet No. Date: 06 .01.2014. vafre vgoky@vkjksih i= dzekad rkjh[k 4. (i) Act IPC Sections 409,465,467,468,471,474,477(A) r/w 120(B). vf/kfu;e dye (ii) Act ‐ M.P.I.D., 1999 Section ‐ 3 and 4 vf/kfu;e dye (iii) Act Section vf/kfu;e dye (iv) Act Section vf/kfu;e dye 5. Type of Final Form/report Charge Sheeted /Not Charge Sheeted for want of evidence/FR
10. Details of Properties/Articles/Documents secured/recovered/seized during investigation and relied upon:
I) Properties /Articles/Documents secured/recovered/seized at the instance of accused no.1 Amit Mukherji : _‐
1) Flat no.801/ Ivory Heights, area 575 sq.ft.,vd. Rs 21.5 lakh (agreement value) in the name of wife Bonhi Mukharjee. 2) Flat no.902/Ivory Heights, area 1000 sq.ft., vd. Rs 41.3 lakh (agreement value), Kanaikiya
Road, Mira Road. 3) Flat no.1202/Royal Samarpan, area 1550 sq.ft, vd. Rs 4.5 cr (agreement value),near Rivali Park, Western Express Highway, Borivali (E). 4) Range Rover Evogue Car No. – HR‐26‐BW‐9013 vd Rs. 55 lakh approx. (total property worth Rs 5,67,80,000). 5) 7 CDs, American Express Membership Cards, Country Club (India) letter, Axis Bank & HSBC Bank letters & cards - from flat No. 902, Ivory Heights, Beverley Park, Mira Road (E), Thane, the residence of accused. 6) copies of documents of properties and his bank accounts are recoverd. A summory of this along with documents collected are kept in file No. 16.
II) Properties /Articles/Documents secured/recovered/Seized at the instance of accused no. 2 Jai Bhaukhandi : _‐
3) HDFC Bank a/c No. 11979 Cheque book, Sale Agreement in respect of flat No.703, Ambika tower, Thane standing in the name of this accused, NSEL stock Statement,Declaration/ undertaking given to Board of Directors of NSEL by this accd. and such other documents recovered from Flat No.1/B/19, Model Town,Mahakali Road, Andheri (E) ---- the temporary residence of accused. 4) The copies of documents of properties and his bank accounts are recoverd. A summory of this along with documents collected are kept in file No. 16.
III) Properties /Articles/Documents secured/recovered/seized at the instance of accused no. 3 Anjani Sinha :‐
4.5 cr) 5) 4 Hard Disks from his computer, two attendance registers of Board of Directors meeting, 5 outword registers etc 6) Blue colour Dell Laptop, Black Colour Sony Laptop & Copies of document, Agreement. 7) The copies of documents of properties and his bank accounts are recoverd. A
summory of this along with documents collected are kept in file No. 16.
IV) Properties /Articles/Documents secured/recovered/seized at the instance of accused no. 4 Nilesh Patel :‐
1) One Hard disk & file containing documents from the residence of Rajesh
Mehta, POA holder of Swastik Overseas Corporation, Ahmedabad. 2) Files of documents, Registers, Cash Books from the office of N.K. Proteins
Ltd. Usmanpura, Ahmadabad. 3) Factory, land & building, plant & machinery situated at 745, Kadi,
Ahmadabad belonging to N.K. Industries Ltd. 4) Factory, land & building, plant & machinery situated/fixed at survery No.
275,229,278, 279, 273,274,276,292,293, Thor, Ahmadabad belonging to N.K. Industries Ltd.
5) Factory, land & building, plant & machinery situated at & known as Banpal Factory, 144/64, Mouje Chandiser, Tal. Palanpur, Dist.- Banakshetra belonging to N.K. Industries Ltd.
6) Land bearing survey No. 436, 437/2,436/1,436/2,436/3,436/4 at Patan, Ahmadabad standing in the name of Ashita Nilesh Patel & Sonal Nimesh Patel, Directors of N.K. Group of Industries Ltd.
7) Land admeasuring 4600 sq yard, vd Rs 10 cr situated off S G Highway, Opp Ashwavilla, Ahmedabad.
8) Land admeasuring 2,24,000 sq yard & 80 Biga, vd Rs 32 cr situated at Thor, near Thor Plant, Ahmedabad.
9) Bunglow on land admeasuring 4500 sq yard vd Rs 15 cr situated at Shantakeshav, Amali Bopal Road Ahmedabad.
10) Bunglow on land admeasuring 2600 sq yard vd Rs 15 cr situated at Ashwavilla, Ahmedabad. 11) Flat Flat- No. 1203, 12th flr, Bhagtani Krishaang, Powai, near
Hiranandani, Mumbai- 76 with 4000 sq ft area vd Rs 5 cr. standing in the name of N K Proteins Pvt Ltd, Ahmedabad.
12) Two Flats- 403A & B standing in the name of Smt Sonal Nimesh Patel and Smt Ashita Nilesh Patel situated in Lhencroft, Hiranandani Garden, Pawai, Mumbai. with joint area- 1470 sq ft Vd Rs. 4.5 Cr. 13) Flat‐ Unit No.TPD K 1505 Gurgaon, The Palm Drive Sector‐ 66, Urban Estate area- 2000 sq ft Vd Rs. 1 Cr. statnding in the name of N.K.Proteins Pvt. Ltd. 14) Flat- Apartment Unit No.KBA-22-2503, Kensington, Boulevard, Jaypee Greens, Noida, Delhi vd Rs. 1 Cr. standing in the name of N.K.Proteins Pvt. Ltd. 15) Shop Unit No.- Kensington, Boulevard, Jaypee Greens, Noida, Delhi vd. Rs. 1 Cr., statnding in the name of N.K.Proteins Pvt. Ltd. 16) Office situated at 2nd,3rd, 7th & 9th floor of Popular House, Ashram Road,Ahmedabad standing in the name of Priyam Patel, N.K.Proteins Pvt. Ltd.,Smt Sonal Nimesh Patel and Smt Ashita Nilesh Patel respectively. 17) Office at Ratnam Shopping Centre, C.G. Road, Ahmedabad with area- 800 sq yard,vd Rs.50 lacs statnding in the name of N.K.Proteins Pvt. Ltd. 18) Documents of N.K. Proteins and other sister concerns recovered from the office of NSEL (File No. 13) 19) Documents collected during investigation (File No.15)
V) Properties /Articles/Documents secured/recovered/seized at the instance of accused no. 5 Arun kumar Sharma :‐
1) Two Hard Disks having mirror image of the data of the hard disk, documents related to sales & purchase with NSEL & other documents from the office of Lotus Refineries, A-204, Boomrag Complex, Chandivali Farm Road, Andheri (E), Mumbai.
2) Files containing photo copies of documents related to Lotus Refineries Pvt.ltd., Purchase orders, Show Cause Notice by Customs, copies of documents related to Lotus Pharma Ltd. Photo copies of Form No, 32, Photo copies of Pan Card, Ledger accounts details, bank statement, etc from the office of Lotus Refineries Pvt Ltd,. Plot No, 509, Industry Area, Phase 2, Chandigarh. 3) Office – A/204, Boomrang, Chandivali Road, Andheri East, Mumbai.with area –
10,000 Sq ft,vd Rs. 25 Cr. 4) Flat- 905, A Wing, Maifil Leaf, Chandivali Road, Pawai, Mumbai with area- 1200
5.00 Cr. 6) Bungalow - House No. 2569, Sector- 35, Chandigarh with area- 500 gaj, vd Rs.
12.00 Cr 7) Industrial Area Plot situated in Phase I, Industrial Area, Chandigarh with area-
1000 gaj, vd. Rs. 8.00 Cr. 8) Factory Plant - Plot No. Badi Haiboval, Hamada Road, Ludhiyana (15 km from
Ludhiyana) vd. Rs. 20 Cr. 9) Flat-201,Building No. 3A, Phase III, N G Suncity, Thakur Village, Kandivali (E),
Mumbai-101, Vd Rs. 125 Cr. 10) Inova Car No. MH-04-FN- 124 of accused vd Rs. 13 lacs. 11) Cash at Bank /FDRs of accused and his wife vd Rs. Rs. 12.67 crores with UCO Bank, Andheri. 12) Documents of Lotus Refineries Pvt Ltd., and sister concerns recovered from the office of NSEL (File No. 14)
13) Documents collected during investigation (File No.15)
VI) Documents collected in respect of accused arrested during investigation :-
1) Copies of documents submitted by Mr. Saji Cherian, the present MD & CEO of NSEL company wide its statement dated 02-01-2014. By his statement, he has mentioned in detail how the present offence is committed and how the accused persons are involved in the case. He has supported his statement with copies of documents which are kept in File NO. 6,7,8 and 9 respectively.
2) Copies of documents are also recovered from the office of NSEL directly. These copies of documents are kept in file No. 17,18 and 19.
VII) Properties /Articles/Documents recovered/Seized from the offices/
Residences of the suspects involved in the case :‐ Original audited balance sheet of NSEL, Original IT Returns, Copies of IT
Retuns, Journal Ledger of Margin Money, Original copy of Grant Thorton Forensic report, Original copy of Warehouse receipt, Annual report of FTIL, Original Membership files of 24 Borrowers and 5 CDs.--------- From NSEL office.
22 Hard Disks (6 from Server and 16 from storage) from the office of FTIL.
15 Hard Disks from 3 Servers of NSEL.
9 Hard Disks of the Server of NSEL------ from the office of NSEL, FT Tower, Andheri (E), Mumbai.
Hard disk along with CPU of Dell Computer from the office of NSEL, Palanpur, Gujarat.
I) One Hard Disk Mirror Image on blank Hard Disk of FTIL Chennai, ii) One
Hard Disk Mirror Image on blank Hard Disk of MCXSX, Chennai, iii) One Hard Disk Mirror Image on blank Hard Disk of NSEL, Chennai, iv) AMC Bill Copies of FTIL with pages 1 to 381, v) A Hard Disk from the computer of Metkore Alloys Chennai, One Old Hard disk from the same computer of Metkore Alloys & documents of Metkore Alloys with pages 1 to 165. ----- From their offices at Chennai.
Axis bank account No. 9392& 3117 cheque books, Valuation Report, letter
issued by Aastha Group to Mr. Prasad, MOU paper between Mohit Agarwal & Mr.Prasad, sale deed between Aastha Project & Mr. Prasad, ID & Visiting cards issued by Aastha to Mr. Prasad and such other papers------ From flat No. 302, building No. 12, Pokharan Road No. 2, Thane of B.V. Prasad.
files, Books of account, documents of IT Returns, Cash Book, bank Book, Ledger, NSC file, investment file etc. ----- from the residence of Jignesh Shah.
A Silver colour Sony Vaio Laptop and Apple I pad, file containing documents of NSEL. A confidential File, Axis Bank statement, IT Returns etc.------ from the residence of Joseph massey.
Flat No. A- 302, EC- 93, Krishna Saravor, Evershine City, Vasai (E) Thane belonging to Shashi Kotiyan of NSEL is secured for attachment.
6 PD’s of Sony, Scandisk and Transcent company, Visiting Cards and a statement dt. 13-07-09, ------ from the residence of Ashish Sharad Dalal, Andheri (W),
Document such as appointment letter by MCX, MCX Board metting books,
MCX & Mulgi Commodity Exchange ------- from the residence of Mr. Padmanabh Barpande
Document such as agreement between Deva Lalwani & Capital Services,
DRF of Umesh Sharma, DPID Statement of Umesh Sharma ------ From the residence of Pawan kumar Chabra.
Files containing document of accounts from 2006/07 onwards------- from the residence of Mr. Dewang Nerala
HDFC Bank Statement, Citi Bank A/c Statement, IT Returns of Padmanbhan Ramnathan, one hard drive ------ from the residence of Padmanabhan Ramnathan.
File containing documents of Income tax of Mr. S Venkatraman & Hard disk
from the Laptop containing Mails between NSEL & Metkore Alloys Ltd. ------ from the residence of Mr. Venkatraman, Nagpur.
A file containing documents of FTIL, Baroda with pages 1 to 15, Samsung Hard Disk, Seagate Hard Disk------- from the office of Mr. Chandrakant Kamdar, Fortune Tower, Baroda.
Hard Disk 250 GB, recovered from the office of Mohan India Pvt Ltd, 354, Tarun Enclave, Pritampura, New Delhi- 34, one of the accused companies..
Bunglow situated at Plot No. 50/51, RHB Colony, 2nd main, 2nd Cross, Mahadeopura, Banglore- 48 belonging to Mohit Aggarwal. The Bunglow is sealed.
1 Segate Hard Disk, 2 WD Blue Hard Disk, Photo copies of documents, Tax invoices from the office of Juggernut Project, Raheja Chamber, Nariman Point, Mumbai.
Documents such as Bank Pass book, G mail Copies, Correspondence with Juggernaut Project, proposal settlement Cycle, sealed from the residence of Sunil Ganjave, Director of Juggernaut Project Ltd.
1 laptop Hard Disk, 7 Bank Pass Book from the residence of Mr. Yogendra Mehta, Director of Juggernaut Project Ltd.
Three Computer Hard Disks of Western Digital, Malaysia from the office of Loil Heath Foods Ltd., SCO- 18/19, 1st floor, Madhya Marg, Sector – 9D,Chandigarh (UT)
Dell Insperion Black Colour Laptop from the residence of Prashant Kumar Anand , Director of Lotus Refineries Pvt Ltd.
One Hard Disk from the office of Master Commodities Services Ltd., Master Chamber,19, Firoj Gandhi Market, Ludhiana, Punjab.
Data of 37 computer downloaded in blue colour pen drive and data of a Laptop downloaded in black colour pen drive & Printout of server having 405 pages in connection with NSEL recovered from the office of Topworth Steel & Power Pvt Ltd, Raheja Center, Nariman Point.
Lenovo company Desktop Computer from the residence of Rajesh Kumar Jain situated at Ranjangaon, Chattisgarh.
,
2 Samsung hard Disks from the office of Loil Overseas Food Ltd. 807, Kailash building, Kasturba Gandhi Marg, New Delhi.
1 Pen Drive Containing Hard Disk Data of the Computer from the residence i.e. Flat No. 703, Vijay Apt. Malad (w), Mumbai- 64 of Rajendra Bhusan Javdala.
Documents such as cheque books of various bank accounts, 1 personal diary, 1 bank pass book, MOA of NSEL, Agenda for the meeting of the board of directors, etc from the residence of Shankarlal Guru, chairman of NSEL.
One file containing bank statement from the residence of Shri. Manish Kella, Ahmedabad.
36 files Containing document related to the offence and Dvd containing books of account and Mirror image of server from the factory of N.K. Proteins, thor Gaon and from the office of the said company situated in Popular house, Ashram Road, Ahmedabad of N.K. Proteins Ltd.
Stocks & Warehouses Secured:-
1) 5 Box files containing buying invoices of Raw material of HR Coil of Topworth Pipes & Tubes, 28 box files containing shares invoices of the said company, Inword & Outward stock Registar of comupterise hard copy prints, Pen drive of Soft copies data of the said company and 22 tone of stock of HR Coil of Iron valued Rs. 21,13,00,000/- lying in the premises of the said company is also secured.
2) 399 bags of Cummin seeds of 50 kg each valued Rs. 24 lakhs---- from the
Narsanga Vir, Nagderi, Opp. CNG Petrol pump, Tal. Unja, Dist- Mehsana, Gujarat. 16 bags of Cummin seeds of 50 kg each valued Rs. 1 lakhs---- from Muktupur Village Warehouse, Muktupur, Tal. Unja, Dist.- Mehsana, Gujarat, 70 bags of Cummin seeds of 50 kg each valued Rs. 4,20,000/- & 60 bundles of 14 emty bags each vd. 2,40,000/- --- From Martin Godown, Opp. APMC Unava, Tal. Unja, Dist- Mehsana,& 112 bags of Cummin seeds pf 50 kg each valued Rs. 6,72,000/- ---- from the Shivganga Estate warehouse Opp. APMC Unava, Narsanga Vir, Nagderi, Opp.CNG Petrol pump, Tal. Unja, Dist- Mehsana, Gujarat & the copies of documents, Agreement, Out word register etc. All these warehouses are sealed.
3) Mild Steel, 624.245 M. Tonne Vd Rs. 2,49,60,000/- from Champion Steel Industries Pvt. Ltd. warehouse, Taloja , Mild steel 16,240.89 M. Tonne Vd Rs. 64 Crore from Akshta Mercantile Pvt Ltd. warehouse, Taloja , Mild steel 5,000 M. Tonne Vd Rs. 20 Crore from Realm services warehouse, Taloja , All these three warehouse are sealed & 12 Stock registers, 9 copies of agreement & stock detail documents are taken charge of.
4) I) 16 bags of Soya been from Siddhartha warehouse Godown No. 2, ITC Chaupal Sagar, Ganj basoda, Vidisha, MP. II) 2507 bags of Channa Vd Rs, 78,62,157/- and 5 files of documents from --- Karan Warehousing Corporation, Vidisha, MP, III) 32 bags of Channa Vd Rs, 80,000/- and 19files of documents from --- NBHC Warehouse, Sagar road, Vidisha, MP & document such as inword & out word registers, stock plan register, spray & fumigation register, commodity inword slips & other documents related to trading with NSEL & related to warehousing business,
5) I) 47 bags of Channa----- from NBHC warehouse, Meuli, Ganj Basoda, II) NBHC deposit register, daily stock summary registar, warehouse receipt, & such other documents----- from NBHC warehouse, Meuli, Ganj Basoda, III) 1294 bags of channa & various documents from shakuntalam warehouse, jivaji pur, vetoli Village, Ganj Basoda, MP.
6) 21477 bags of red Chilly of 40 kg each vd Rs. 6,87,26,400/-, stock register, dilvery order books, bill books two ----- from Rama cold storage, Bhadrachalam Road, Thallada, Dist- Khammam, AP.
7) I) 2045 bags of Castrol Seeds of 75 kg each valued Rs. 53,68,125/- from Thakkar Pushpa warehouse, Khalli Gaon ,Sidhapur, Patan, Gujarat and the same godown, II) 259 bags of Jirra of 55 kg each vd Rs. 17,09,400/- along with 7 god owns by name Tirupati warehouse, 17, Khalli Gaon ,Sidhapur, Patan, Gujarat, & documents such as copies of Lease agreement & others related documents.
8) 38 M. Tonne Makka ------ from Arunkumar Chaudhari warehouse, Mirzapur Gaon, Next to Sultan gung- Bhagalpur, National Highway 80 Junction, Bihar & correspondence between the concerns persons with sealing of God own.
9) I) 28 bags of Jirra weighing 1375 kg from Arpita warehouse, Unjha, Gujarat and the said god own is also Sealed, II) 34 bags of Jirra weighing 1675 kg from Bajoriya warehouse, Unjha, Gujarat and the said god own is also sealed, III) Agreement copy of NSEL & Gujarat state warehouse.
10) 35,000/- bags of Sugar lying in the NSEL Warehouse situated at Khasara No.389/2,Village Hamidpur, Near Dalmil, Delhi- 36 belonging to Mohan India Pvt Ltd. The warehouse is sealed.
11) 17,000/- bags of Sugar lying in the NSEL Warehouse situated at 106/ 255,Kheda kala, Delhi belonging to Mohan India Pvt Ltd. The warehouse is sealed
12) Stock of coper pipe wire lying in warehouse no. 78/157, Extended, Lal Dora Village, Bakoli, Delhi-36 belonging to Indian Bullion Marketing company.
13) I) Godown No. 5, Villagae Seerah, Rohan Road, Ludhiyana, Punjab in the possession of M/s. ARK Import Pvt. Ltd. containing 4,000 Bialys of Raw wool & attendance Diary. The Godown is sealed. II) Stock of Nickel Plates vd Rs. 1.70 Crores, Computer Hard Disk, Inword registers from the Warehouse No. 577/8, Vishwakarma street, Gill Road, Ludhiyana, Punjab in the possession of Singhanya Chemicals. The Warehouse is sealed.
14) 2 Hard Disk & Agreement paper from the warehouse of Sampatrao
Mechnani situated at Village & Mandal Hasanpatti, Warangal, AP.
----------
Form: 5-B(1)
11 (A) Particulars of accused persons- charge sheeted (Use separate sheet for
xi) Date of Arrest: - 09/10/2013 (vVd rkjh[k½ xii) Date of Release on bail/ Jail Custody till : ( tkehukoj lksMY;kph rkjh[k½ Jail
custody till 06.01.2014. xiii) Date on which forwarded to court ( U;k;ky;kdMs ikBfoY;kph rkjh[ka½
xiii) Under Acts and Section: --- 409,465,467,468,471,474,477(A), r/w 120(b) IPC r/w 3,4 The Maharashtra Protection of Interest of Depositors Act, 1999
xiv) Name (s) of bailer/Sureties and Address (es) :- ------- tkfeunkjkps ukaos o iRrs
xv) Previous convictions with case references :- --------- ¼izdj.kkP;k lanHkkZlg iwohZph vijk/kfl/nh½
xvii) Status of accused( vkjksih fLFkrh ½ %& Judicial custody
Forwarded/Bailed by Police/In Police Custody/Bailed by Court/In Judicial custody /Absconding/Proclaimed Offender.- Judicial custody till 06.01.2014.
Form: 5-B(2)
11 (A) Particulars of accused persons- charge sheeted (Use separate sheet for
xi) Date of Arrest: - 10/10/2013 (vVd rkjh[k½ xvi) Date of Release on bail/ Jail Custody till : ( tkehukoj lksMY;kph rkjh[k½ - Jail
custody till 06.1.2014. xiii) Date on which forwarded to court ( U;k;ky;kdMs ikBfoY;kph rkjh[ka½
xvii) Under Acts and Section: --- 409,465,467,468,471,471,477(A), r/w 120(b) IPC r/w 3,4 The Maharashtra Protection of Interest of Depositors Act, 1999
dks.kR;k vf/kfu;ek[kkyh o dyek[kkyh
xviii) Name (s) of bailer/Sureties and Address (es) :- ------- tkfeunkjkps ukaos o iRrs
xix) Previous convictions with case references :- --------- ¼izdj.kkP;k lanHkkZlg iwohZph vijk/kfl/nh½
xvii) Status of accused( vkjksih fLFkrh ½ %& Judicial custody
Forwarded/Bailed by Police/In Police Custody/Bailed by Court/In Judicial custody /Absconding/Proclaimed Offender.- In Judicial custody till 06.1.2014.
Form: 5-B(3)
11 (A) Particulars of accused persons- charge sheeted (Use separate sheet for
xi) Date of Arrest: - 22/10/2013 (vVd rkjh[k½ xxiii) Date of Release on bail/ Jail Custody till : ( tkehukoj lksMY;kph rkjh[k½ Jail
custody till 06.1.2014.
xiii) Date on which forwarded to court ( U;k;ky;kdMs ikBfoY;kph rkjh[ka½
xxiv) Under Acts and Section: --- 409,465,467,468,471,471,477(A), r/w 120(b) IPC r/w 3,4 The Maharashtra Protection of Interest of Depositors Act, 1999
dks.kR;k vf/kfu;ek[kkyh o dyek[kkyh
xxv) Name (s) of bailer/Sureties and Address (es) :- ------- tkfeunkjkps ukaos o iRrs
xxvi) Previous convictions with case references :- --------- ¼izdj.kkP;k lanHkkZlg iwohZph vijk/kfl/nh½
xvii) Status of accused( vkjksih fLFkrh ½ %& Judicial custody Forwarded/Bailed by Police/In Police Custody/Bailed by Court/In Judicial custody /Absconding/Proclaimed Offender.- In Judicial custody till 06.1.2014.
Form: 5-B(5)
11 (A) Particulars of accused persons- charge sheeted (Use separate sheet for each accused.)
xi) Date of Arrest: - 11/11/2013 (vVd rkjh[k½ xxvii) Date of Release on bail/ Jail Custody till : ( tkehukoj lksMY;kph rkjh[k½ Jail
custody till 17.01.2014.
xiii) Date on which forwarded to court ( U;k;ky;kdMs ikBfoY;kph rkjh[ka½
xxviii) Under Acts and Section: --- 409,465,467,468,471,471,477(A), r/w 120(b) IPC r/w 3,4 The Maharashtra Protection of Interest of Depositors Act, 1999
dks.kR;k vf/kfu;ek[kkyh o dyek[kkyh xxix) Name (s) of bailer/Sureties and Address (es) :- -------
tkfeunkjkps ukaos o iRrs
xxx) Previous convictions with case references :- --------- ¼izdj.kkP;k lanHkkZlg iwohZph vijk/kfl/nh½
xvii) Status of accused( vkjksih fLFkrh ½ %& Judicial custody Forwarded/Bailed by Police/In Police Custody/Bailed by Court/In Judicial custody /Absconding/Proclaimed Offender- Judicial custody till 17.01.2014.
Form No.5 C
12. Particulars of accused persons not charge-sheeted:
( National Spot Exchange Ltd, Mumbai, a company incorporated under the provisions of The Company’s Act, its Directors/Key Management Persons/its 25 Borrowers /Defaulters, Brokers & others )
i. Name@ukao :-
ii. Whether Verified @iMrkG.kh dsYkh dk\ %&
iii. Father's / Husband’s name/ oMhYkkaps@uoÚ;kps ukao %&
iii. Date/ Year of Birth rkjh[k@tUe rkjh[k :-
v. Sex@fYkax :
vi. Nationality@jk"Vªh;Ro :-
vii. Passport No @ikji= Ø :- Date of Issue@fnYksYkh rkjh[k : ---- Place of Issue@ fBdk.k :-
viii. Religion@/keZ :-
ix. Whether SC/ST@vuqlwfpr tkrh@tekrhpk vkgs dk\ :
x. Occupation@O;olk; :-
xi. Address @iRRkk:-
xii. Whether Verified @iMrkGYkk dk\ :
xiii. Provisional Criminal No @rkIrqjrk xqUgsxkj Ø :- -------
xiv. Suspicion Approved Yes/No@la’k; [kjk BjYkk fdaok dls\ :- -------
xv. Status of the accused (Suspect)@la’kf;rkph l|fLFkrh :- Bailed by Police / Bailed by Court / Judicial Custody/Absconding/ Proclaimed/ Not arrested.
xvi. Under Acts and Sections @dks.kR;k dk;|k o dYkek[kkYkh :‐ 409,465,467,468,471,471,477(A), r/w 120(b) IPC r/w 3,4 The Maharashtra Protection of Interest of Depositors Act, 1999
xvii. Any special remarks including reasons for not charge sheeting The accused company NSEL is situated in Mumbai while it’s offices & warehouses and also borrower’s offices/companies/warehouses are situated across 16 states in India. The role played by 1) NSEL, 2) its Directors, 3) its key Management Persons, 4) its 25 Borrowers who are subsequently declared as defaulters of NSEL and with whom the investor’s money is held up, 5) Brokers through whom the investors deposited their money with the accused company NSEL and also role played by others in the case is under examination. The collection of evidence against all these persons is under process and it is time consuming. This is a case of criminal conspiracy commited by all the aforesaid persons/companies who/which are situated not only across Mumbai but across 16 states. The case is registered on 30.9.13 and due to aforesaid reasons, the investigation is not yet completed. After confirmation of role played by these persons, appropriate action will be taken against them.
Form 5-D
13. PARTICULARS OF WITNESSES TO BE EXAMINED
Sr. No.
Name Shri
Father's/ Husband's
Name
Date/ Year
of Birth
Occupation Address Type of Evidence to be tendere
d 1. Pankaj Saraf Ramnaresh
Saraf 39 yrs Business M/s. Vostok
Far East Securities Pvt. Ltd., Oricon House, 4th Floor, 12, K.B. Dubhash Marg, Fort, Mumbai-01
Complainant
2 Girish Dev Vasudeo Dev 40 yrs Service 801, A Wing, Raj Classic, Panch Marg, Yari Road, Versova, Andheri (W), Mumbai-61
Witness
3 Brigendra Talesara Basantilal Talesara
40 yrs Service A/702, Galaxy, Agarwal Township, Kaul Heritage City, Bhabola Naka, Vasai (w), Thane- 202
Vasudeo Kudapkar 40 yrs Service Office of the Economic Offence Wing, Commissioner of police compound, Mumbai – 400001
Asstt. I.O.
240 Dinesh Joshi Bhalchandra Joshi 50 yrs Service Office of the Economic Offence Wing, Unit – III, Commissioner of police compound, Mumbai – 400001
Asstt. I.O.
241 Dhumal ‐‐‐‐‐ 48 yrs Service Office of Crime Branch Mumbai‐ 01
Asstt. I.O.
242 Prashant Marde Kashinath Marde 44 yrs Service Anti Narcotic Cell, Azad Police Station Compund, Mumabi‐ 01
Asstt. I.O.
243 Sunilsingh Pawar Chandra singh Pawar
44 yrs Service Office of the Economic Offence Wing, Commissioner of police compound, Mumbai – 400001
Asstt. I.O.
244 Sanjay Pawar Mahipatrao Pawar 44 yrs Service Office of the Economic Offence Wing, Commissioner of police compound, Mumbai – 400001
Asstt. I.O.
245 Atul Kedar Sanjay Kedar 32 yrs Service Office of the Economic Offence Wing, Commissioner of police compound, Mumbai – 400001
Asst. I.O.
246 Swapnil Unavane Kachru Unavane 29 yrs Service Office of the Economic Offence Wing, Commissioner of police compound, Mumbai – 400001
Asst. I.O.
247 Priyanka Mahtre Suresh Mahtre 26 yrs Service Women Volience Preventive Branch, Crime Branch Commissioner of police compound, Mumbai – 400001
Asst. I.O.
248 Sulbha Patil Mahadev Patil 46 yrs Service Office of the Economic Offence Wing, Unit – III, Commissioner of police compound, Mumbai – 400001
Asst. I.O.
249 Ratnadeep Naik Rajaram Naik Service Office of the Special Task force, STF Building, Esplanade Court Campus, CST, Mumbai – 400001
Asst. I.O.
250 Shashikant Pawar
Wamanrao Pawar 41 yrs Service Office of the Economic Offence Wing, Unit – II, Yellowgate P.Stn Building, 2nd floor, Carnak Bandar Mumbai – 400001
Asst. I.O.
251 Prabhakar Loke Babaji Loke 48 yrs Service Office of the Economic Offence Wing, Unit – V, Esplanade Court Campus, CST, Mumbai –01
Asst. I.O.
252 Satish Kasbe Krishnarao Kasbe 46 yrs Service Office of the Economic Offence Wing, Unit – III, Commissioner of police compound, Mumbai –01
Asst. I.O.
253 Dinkar Shilavate G. Shilavate Service Cyber P.Stn. BKC P.Stn, Mumbai
Asst. I.O.
254 Vinod Sawant Ramchandra Sawant
53 yrs Service Office of the Economic Offence Wing, Unit – VII, Zone –I office Building, Mumbai‐ 400001.
Asst. I.O.
255 Rajendra Mohite Jigaba Mohite 48 yrs Service Office of the Economic Offence Wing, Unit – II, Yellow gate P.stn building, Mumbai
Asst I.O.
256 Prasad Satam Jagganath Satam 43 yrs Service Office of the Economic Offence Wing, Unit – III, Commissioner of police compound, Mumbai – 400001
Asst. I.O.
257 Baliram Hire Vitthalrao Hire 49 yrs Service Office of the Economic Offence Wing, Unit – II, Yellow gate P.stn building, Mumbai
Asst I.O.
258 Rajendra Pardeshi
Sadashiv Pardeshi
52 yrs Service Office of the Economic Offence Wing, Unit – II, Yellow gate P.stn building, Mumbai
Asst. I.O.
259 Nitin Unhavane Motiram Unhavane 44 yrs Service Office of the Economic Offence Wing, Unit – III, Commissioner of police compound, Mumbai – 400001
Asst. I.O.
260 Vilas Kanade Vitobha Kanade Service Office of the Economic Offence Wing, Unit – III, Commissioner of police compound, Mumbai – 400001
Asst. I.O.
261
P. Tambe Eknath Tambe 42 yrs Service Office of the Economic Offence Wing, Unit – III, Commissioner of police compound, Mumbai –01
Asst. I.O.
262 Anil Padwal Devram Padwal 41 yrs Service Office of the Economic Offence Wing, Unit – III, Commissioner of police compound, Mumbai –01
Asst. I.O.
263 Sanjay Marathe Sadashiv Marathe Service Office of the Economic Offence Wing, Unit – III, Commissioner of police compound, Mumbai –01
Asst. I.O.
264 Nitin Yadav Vinayak Yadav 43 yrs Service Office of the Economic Offence Wing, Unit – III, Commissioner of police compound, Mumbai –01
Asst. I.O.
265 Babasaheb Bedare
Banda Bedare 45 yrs Service Office of the Economic Offence Wing, Unit – III, Commissioner of police compound, Mumbai –01
Asst. I.O.
266 Sanjay Joshi Shrinivas Joshi 42 yrs Service Office of the Economic Offence Wing, Unit – III, Commissioner of police compound, Mumbai –01
Asst. I.O.
267 Ankush Konde K. Konde Service Office of the Economic Offence
Asst. I.O.
Wing, Unit – III, Commissioner of police compound, Mumbai –01
268 Deepak Sawant ‐‐‐‐‐‐‐ Service Office of the Economic Offence Wing, Unit – III, Commissioner of police compound, Mumbai –01
Asst. I.O.
269 Nitin vijaykar Bhikaji Vijaykar 44 yrs Service Office of the Economic Offence Wing, Unit – III, Commissioner of police compound, Mumbai –01
Asst. I.O.
270 Shashikant Meher V. Meher 52 yrs Service Office of the Economic Offence Wing, Unit – III, Commissioner of police compound, Mumbai –01
Asst. I.O.
271 Bhagirat Shelke P. Shelke 51 yrs Service Office of the Economic Offence Wing, Unit – III, Commissioner of police compound, Mumbai –01
Asst. I.O.
272 Smt. Jayshri Gajbhiye Jitendra Gajbhiye
‐‐‐‐ Service Office of the Economic Offence Wing, Unit – III, Commissioner of police compound, Mumbai –01
Asst. I.O.
273 Sudhakar Shirsat Baburao Shirsat
47 yrs Service Office of the Economic Offence Wing, Unit – III, Commissioner of police compound, Mumbai –01
Asst. I.O.
274 Subhashrao Borate Anandrao Borate
43 yrs Service Office of the Economic Offence Wing, Unit – III, Commissioner of police compound, Mumbai –01
Asst. I.O.
275 Sidharath Kasbe krishnarao Kasbe
51 yrs Service Office of the Economic
Asst. I.O.
Offence Wing, Unit – III, Commissioner of police compound, Mumbai –01
276 Snehal Pawar Bhanudas Pawar
31 yrs Service Office of the Economic Offence Wing, Unit – III, Commissioner of police compound, Mumbai –01
Asst. I.O.
277 Vinod Sawant R. Sawant ‐‐‐‐‐‐ Service Office of the Economic Offence Wing, Unit – III, Commissioner of police compound, Mumbai –01
Asst. I.O.
278 Vijay Shinde Rajaram Shinde
56 yrs Sevice Office of the Economic Offence Wing, Unit – III, Commissioner of police compound, Mumbai –01
Asst. I.O.
279 Sanjay Govilkar Yashwant Govilkar
‐‐‐‐‐ Sevice Office of the Economic Offence Wing, Unit – III, Commissioner of police compound, Mumbai –01
Asst. I.O.
280 Vasant Dorugade Daji Dorugade 55 yrs Sevice Office of the Economic Offence Wing, Unit – III, Commissioner of police compound, Mumbai –01
Asst. I.O.
281 Vasudeo Jamdade Ramchandra Jamdade
54 yrs Service Office of the Economic Offence Wing, Unit – III, Commissioner of police compound, Mumbai –01
Asst. I.O.
282 Rajeev Sawant Arjun.Sawant 50 yrs Service Office of the Economic Offence Wing, Unit – III, Commissioner of police compound, Mumbai –01
Asst. I.O.
283 Atul Dahifale J. Dahifale ‐‐‐‐‐ Service Cyber Police Station , Commissioner of police compound, Mumbai –01
Asst. I.O.
284 Nikhil Kapse Krushnarao Kapse
50 yrs Service Office of the Economic Offence Wing, Unit – III,
Asst. I.O.
Commissioner of police compound, Mumbai –01
285 V. kamble P. Kamble ‐‐‐‐‐ Service Office of the Economic Offence Wing, Unit – III, Commissioner of police compound, Mumbai –01
Asst. I.O.
286 Shailesh Anchalwar Laxminarayan. Anchalwar
45 yrs Service Office of the Economic Offence Wing, Unit – III, Commissioner of police compound, Mumbai –01
Asst. I.O.
287 Hanumant Borate Vitthal Borate ‐‐‐‐ Service Office of the Economic Offence Wing, Unit – III, Commissioner of police compound, Mumbai –01
Asst. I.O.
288 Sanjay Govilkar Yashwant Govilkar
‐‐‐‐ Service Office of the Economic Offence Wing, Unit – III, Commissioner of police compound, Mumbai –01
Asst. I.O.
289 Prakash Salvi ‐‐‐‐‐‐‐ ‐‐‐‐ Service Office of the Economic Offence Wing, Unit – III, Commissioner of police compound, Mumbai –01
Asst. I.O.
290 Anant Dhandore Kakasaheb Dhandore
45 yrs Service Office of the Economic Offence Wing, Unit – III, Commissioner of police compound, Mumbai –01
Asst. I.O.
291 Sunil Bhoite Shankarlal Bhoite
‐‐‐‐‐ Service Office of the Economic Offence Wing, Unit – III, Commissioner of police compound, Mumbai –01
Asst. I.O.
292 Keshav Sanap Nivruti Sanap 51 yrs Service Office of the Economic Offence Wing, Unit – III, Commissioner of police compound, Mumbai –01
Asst. I.O.
293 Milind Sonavane Service Missiing Person Beuro, Crime Branch, Mumbai
Asst I.O.
294 Sanjay Khedekar Sudam Khedekar
45 yrs Service Sales Tax, S.T.F, Crime Branch, Mumbai
Asst I.O.
295 Dilip Rupawate 50 yrs Service Office of the Economic Offence Wing, Commissioner of police compound, Mumbai – 400001
Asstt. I.O.
296 Dattatrya Thopate Maruti Thopate
44 yrs Service Office of the Economic Offence Wing, Unit – V,
Asst. I.O.
14. F.I.R. is false, indicate action taken or proposed to be taken u/s 182/211 IPC. – F.I.R. is not false.
15. Result of Laboratory Analysis: Awaited.
Esplanade Court Campus, CST, Mumbai – 400001
297 Arvind Wadhankar Narayan Wadhankar
49 yrs Service Office of the Economic Offence Wing, Unit – V, Esplanade Court Campus, CST, Mumbai – 400001
Investigating Officer
Form: 5-E 16. Brief Facts of the Case ( Add Separate sheet, if necessary): izdj.kkph FkksMD;kr ekfgrh ¼vko’;d vlY;kl iqjo.kh dkxn tksMkok½ The NSEL was incorporated as a company under the Indian
Companies Act, 1956 in or around May 2005. The promoters of NSEL are
Financial Technologies (India) Ltd (“FTIL”) and the National Agricultural
Cooperative Marketing Federation of India Limited (“NAFED”). FTIL owns
99.99% of the shareholding of NSEL and NSEL is a subsidiary of FTIL. FTIL
is a company also registered under the Companies Act, 1956.
The National Spot Exchange Limited is a spot exchange, which was
originally conceptualized by the Government in consultation with FMC in
the year 2006. NSEL commenced operations pursuant to the Gazette
notification dated June 5, 2007, issued by Ministry of Consumer affairs,
Food and Public Distribution, Govt. of India, and has been working under
various segments; one such segment was of ‘one day forward’ contract.
NSEL is an electronic platform that facilitated trading in 52 commodities
Commodity spot trading is about buying and selling a commodity,
paying cash for and receiving your goods on the ‘spot’. This is called ‘ready
delivery contract’ under FC(R) Act, 1952. Which signifies that the buyer
and seller agree on a price and ‘deliver’ their side of the contract
immediately. NSEL is a spot exchange designed to help this activity, with
the added feature of being electronic (so buyers and sellers can be in
different locations) and anonymous (the buyer and seller don’t know who
the other side is). The important feature of any such exchange is that the
exchange has to stand guarantee subject to its bye laws to either party that
it will ensure that the contract is settled. If the buyer can’t bring in the
money for any reason, the exchange should then sell the goods to someone
else and recover the money (and make up the difference). And a similar
exercise if the seller defaults. Now, when the seller and buyer are far away
from each other, how does the exchange guarantee delivery? The idea is
that the seller must come to an exchange-designated warehouse and give
his goods, which are then tested and verified for quality and weight. He
then gets a warehouse receipt (WR) that is used for electronic trading.
When he sells on the exchange, the warehouse receipt is transferred to the
buyer; this receipt entitles the buyer to take the goods out of the
warehouse, or if he chooses, to retain the goods there (to sell them later) by
paying the warehouse rental charges.
There are FCR Act and rules governing commodity trading, which is
regulated firmly by the Forward Market Commission (FMC). Under the
Forward Contracts Regulation Act, any contract that is called “spot” must
be settled within 11 days – that is, both delivery of goods and transfer of
money must happen within 11 days (called “T+11”). The 11 days give the
buyer and seller time to complete the contract. Thus, this would then not
become a “forward” contract. Spot contracts, by their nature, were deemed
to be out of FMC regulation by a notification in 2007 by the Department of
Consumer Affairs. This exemption was given specifically for one-day
duration forward contracts – or, technically those contracts are concluded
within two days and both delivery of goods and transfer of money happens
within the time period as per one day forward contract .
The NSEL started its full-fledged operations around 15th October
2008. They launched their first trader contract namely Silver/Gold in intra
trading in Kolkata. Thereafter they launched different types of contracts
like farmer contract, paired contract and E-series contract. The T+2 and
T+25 days contracts are together traded are called duel contracts/paired
contracts. The first trader duel/paired contract was launched on 22nd
September 2009. Thereafter several such contracts were launched.
The Trader’s Contracts were represented to work as under:-
The seller was required to deposit his stocks in warehouses which
were approved and designated by NSEL on or before T, with T being the
‘trade date’. NSEL was responsible for checking and verifying the quality
and quantity of the underlying commodities and goods are required to be
compulsorily weighed at the designated weigh bridge/weigh scale and will
be monitored and certified by the warehouse supervisor. Upon NSEL
certifying the same, NSEL issued a warehouse receipt which was
evidencing proof of ownership of a stated quantity of commodities of a
stated grade and quality by the beneficial owner or the holder of the
certified warehouse receipt. The depositor receives the photo / scanned
copy of the warehouse receipt and the original is retained by the Exchange
to transfer to the buyer upon the onward sale by the depositor.
Additionally, , a delivery margin of around 10% of the value of the goods
was to be paid by the depositor to the Exchange.
On T, the Investor would enter into a contract to buy the commodities
with T + 2 delivery cycle. Simultaneously, the Investor would also enter into
a contract to sell the commodities with a T + 25 delivery cycle. On T+2,
NSEL would issue a delivery allocation report in which the quantity and
location of the commodities purchased would be mentioned. The allocation
report contained details of the end client, warehouse receipt No, Lot/QC
No. and warehouse location. Further, it included a confirmation from NSEL
that the original warehouse receipts were in their custody.
As the original warehouse receipts were in the custody of the
Exchange, NSEL vide its policy asked the Investors (who were the sellers in
the T+25 contract) to retain the goods in the Exchange certified and
designated warehouse until 25 days passed as pre pay-in through
warehouse receipts against sale obligation. On the 25th day, the Exchange
would then collect the money for the Investor and would then release the
goods to the buyer. NSEL was therefore the custodian of the goods from the
time of purchase under the T+2 contract till the time of its sale and was
responsible for its safe custody.
As is usually the norm in any electronic exchange, when a client
trades on the anonymous order driven trading system on the Exchange, the
buyer does not know the seller and in the same way the seller does not
know the buyer. But in case of the paired contracts, always the counter
party is known through invoices.
Not only did NSEL permit investors to participate in these contracts
but in fact NSEL actively encouraged and induced investors to enter into
such dual transactions. This active inducement was not just by
highlighting the possible benefits available due to the price differential but
also by providing economic rationale to investors by waiving storage
charges for those members and their constituents who sell the product on
the longer duration contract out of delivery receivable against the purchase
position of the shorter contract. Accordingly, many Members also actively
marketed these contracts. Moreover, NSEL retained the warehouse receipts
issued by it which were to be used to discharge margin obligations on the
trades.
The NSEL has 820 members of different categories which are as
under:-
TCM - Trading Cum Clearing Member, TM - Trading Member,
ITCM - Institutional Trading Cum Trading Member, PCM - Professional
Clearing Member, TCM - A - For All Agri-Commodities all Delivery Centres
in a State, TCM - B - For Single Agri-Commodity All Delivery Centres in a
State, TCM - C - For Single Agri-Commodity Single Delivery Centre in a
State, TCM - Pulses - For Pulses in a Particular State
The members were required to register the client prior to executing
trades on their behalf. For this purpose, the members required their clients
to submit the duly filled in prescribed ‘Know Your Customer’ form and
execute the member – client agreement with the members. Thereafter, the
members would upload the relevant details in the Exchange software in
order to generate the Unique Client Code (“UCC”). Once the UCC was
generated, the client was permitted to execute trades through the
members. There are around 13,000 clients of the above Members of the
NSEL.
The trades were generally executed by members on behalf of their
clients in the following manner:
i. On the Trade Date (T), the following actions take place:
a. the trade is executed by the member on behalf of the client;
and
b. pursuant to execution of the trade, a confirmation E-mail
was sent by the member to the client along with the
provisional return computation on the trade;
ii. On T+1, a contract note is issued by the member to the client
for the Buy and Sell side;
iii. On the same day or prior to it, Member collects monies from the
clients
iv. On T+2, the following actions will take place:
a. pay in of funds by the member on behalf of the client for
the trade; and
b. pay out of commodity (the Warehouse Receipt for which is
retained by the Exchange as early pay in for the pay in
obligations for the T+25 trade);
v. On T+3, client wise delivery allocation report for the executed
trade is available on the Exchange interface for download by the
member;
vi. On T+25, the trade is settled by way of pay out of funds.
All trades, T+2 and T+25, are settled in accordance with the Settlement
Calendar issued by NSEL for that month.
Following is one of the examples of a trade carried out at the platform
of NSEL in T+2 & T+25 contract.
One client buys 5,100 bags of paddy Basmati traditional contract ex