Tuesday, October 30, 2012

IS IT TIME TO REVISE THE 1.30am DEADLINE FOR PUBS, BARS?

Cops look for lawyer, club owner

The duo face action as per police chief’s circular advocating stern punishment for those who assault cops

THE DCP HAS APPEALED TO THOSE WHO LEFT THE POLICE STATION TO PAY THE FINE, AFTER WHICH THEY WILL BE LET OFF

  Two days after LIV Club in the Kala Ghoda area of south Mumbai was raided by the police, they are yet to arrest the lawyer and the working partner of the club, who are at large after a case was registered against them.
They were booked for criminal intimidation and deterring a public servant from discharging his duty. Police officials stated arresting the two is on their priority list.
According to the police, advocate Archit Jaykar and Hrithik Bhasin argued with the MRA Marg police and helped 200 patrons, who were rounded up from the club on Friday night for unruly behaviour, leave the police station premises.
Ravindra Shisve, deputy commissioner of police (zone-1), said, “The duo is not traceable since the case has been registered, and we are primarily focusing on locating them.”
Shivse appealed to those who left the police station premises in the wee hours of Saturday to go to the police station to pay the fine, following which they would be let off. The police, however, stated they are concentrating on arresting the duo before focusing on the patrons, who were detained for aggressive behaviour and for not following police orders.
The officials also stated that they would take action against the duo in accordance with a circular issued recently by the police commissioner which advocates strict action, including cancellation of driving licenses and passports, against those who assault police personnel.
Krishna Prakash, additional commissioner of police (south region) said, “The club operating beyond the prescribed time limit came to light when the patrolling team spotted it. As a part of security measures on the occasion of Eid, policemen were patrolling the streets, and there was nothing wrong in the action taken. In the coming days, we would streamline bars and pubs by making it compulsory to make them put up CCTV cameras inside.”
The police have booked Jaykar and Bhasin under sections 353 (assault or criminal force to deter a public servant from discharging his duty), 506(2) (criminal intimidation) and 34 (common intention) of the IPC.

IS IT TIME TO REVISE THE 1.30am DEADLINE FOR PUBS, BARS?

“Questions of relevance and reason can be raised for many legal provisions. But if a law exists, it has to be abided by. We had raised similar questions about the 10pm deadline for loud speakers during festivals.”
MN SINGH, former commissioner of police, Mumbai

“I think the 1.30am deadline is ridiculous. Mumbai should have extended hours, considering the lifestyle in the city. If people are old enough to vote, they can also decide what is good for them. Police should not harass members of the public.” MAHESH JETHMALANI, leading criminal lawyer

“None of the cities abroad have deadlines. London is constantly under surveillance, but parties go on till early morning. If you want to sell Mumbai as a tourist destination and attract foreign investment, you cannot have such deadlines.” SATISH MANE-SHINDE, leading criminal lawyer

“I don’t think patrons are at fault for overshooting deadlines. They should not be harassed unless they have compelled the owner to keep the place running beyond the deadline. But the police should cancel owners’ licences for overshooting the limit.” YP SINGH, former IPS officer and now a high court lawyer



Duo apply for anticipatory bail in sessions court

MUMBAI: Advocate Archit Jaykar, and working partner of LIV club Hrithik Bhasin, who have been booked for deterring a public servant from discharging his duty and criminal intimidation, moved an anticipatory bail application before a sessions court on Monday.
As per the prosecution’s case, the police went the club that had stayed open beyond the closing time limit of 1.30am on Friday night and rounded up around 200 patrons who were taken to MRA Marg police station. The police said Jaykar and Bhasin began arguing with the police and then allegedly helped the detainees escape from the police station before being booked.
Jaykar and Bhasin have denied the allegations. In their anticipatory bail application, they have alleged that the police action was wrong. They have stated that the police had wrongfully detained 200 persons for over two hours.
The two have further alleged that the women who were among the patrons were manhandled by the police, and that there were no women officers for initial 45 minutes after the raid.
The application is likely to come up for hearing on Tuesday.

Possessing fake currency does not amount to terrorist activity: court

Possessing fake currency does not amount to terrorist activity: court

Circulation or possession of fake currency notes cannot be termed as terrorist activity under the Unlawful Activities Prevention Act, the Bombay high court (HC) ruled on Monday, while granting bail to a man accused of possessing fake currency notes worth Rs2 lakh.
“Prima facie, the accused cannot be charged under the Act. I don’t think evoking the Act is proper in such cases,” justice AM Thipsay said, adding that it can be evoked only if the fake currency is used to facilitate terror activities.
The accused, Ravi Dhiren Ghosh, was arrested on May 14, 2009, along with five others, for alleged possession of fake currency notes. He had approached the high court seeking bail stating that even after three years of custody, the trial has not begun. The National Investigation Agency (NIA), which is probing the matter, had charged all the accused under various sections of the Act and the Indian Penal Code.
Special prosecutor for the agency, Rohini Salian, said that the fake notes seized from the accused were printed in Pakistan with a view to threaten India’s economy and so, circulation of fake currency by the accused amounted to a terrorist activity.
“So what if the notes were printed in that country [Pakistan]? The consequences of circulating fake notes might be serious, but, it does not fall under the purview or definition of terrorism,” the judge said.
He also expressed concern over the delay in trials because of non-availability of special courts. “It is not fair to keep a person in jail for three years just because a special court is not available,” the judge said.

Friday, October 19, 2012

Hasan Ali’s bail plea rejected

Hasan Ali’s bail plea rejected

MUMBAI: The bail application of Hasan Ali Khan, the Pune-based businessman arrested for money laundering, was rejected by the special Prevention of Money Laundering Act (PMLA) judge on Thursday.
Khan was arrested in March last year. Several bail applications filed by his lawyers in the sessions court and the Bombay high court have been rejected. Khan had also moved a review petition before the Supreme Court (SC) demanding reconsideration of the order cancelling his bail. The petition was rejected in January.
Following the SC order, Khan had moved a fresh bail application before the sessions court, citing change of circumstances. Khan contended that he has been booked under the Passport Act in Patna and Mumbai, while a case has been registered against him in Hyderabad for facilitating the sale of Nizam diamonds. His application states that the information received by him through an RTI query on February 7 reveals that the police have, so far, received no evidence against him in the Hyderabad case, while the other two cases were registered under the Passport Act, when the PMLA was not in place.
In its reply, the Enforcement Directorate (ED) alleged that Khan and Kashinath Tapuriah Kolkata-based businessman and co-accused in the case, had laundered billions of dollars in foreign banks including over $8 billion in the Union Bank of Switzerland (UBS) in Zurich.
Khan’s counsel Amit Desa argued that the agency had suppressed certain valuable documents which could prove that the charges against Khan were baseless from the court.
Refuting the allegations, ED’s counsel Ujjwal Nikam said that the agency has overwhelming evidence against him in the case under the PMLA. Nikam said that there was a possibility that Khan may go absconding, if granted bail.

Thursday, October 11, 2012

The RCF police arrested six persons for abducting an auto driver and demanding money from him. The kidnappers made use of a car with a red beacon atop it

‘Recovery’ guys use beacon car to kidnap man, held


The RCF police arrested six persons for abducting an auto driver and demanding money from him. The kidnappers made use of a car with a red beacon atop it, the use of which is deemed illegal, and the police are probing into how they got the car.

A wine shop worker, Prakash Mishra, 21, and five other persons, including a woman, banded together to kidnap auto driver Rajiv alias Bablu Singh, 37, at Kharghar in Navi Mumbai.

Mishra had handed Rs2.9 lakh to Singh for safekeeping a year ago, and for the last six months, had been asking for the money to be returned to him. Moreover, he had borrowed money from five persons — Jitendra Pal, 24, Dilip Pal, 18, Rajesh Pal, Santosh Dhage, 26 and Snehal Vilankar, 32 — and was desperate to repay them.

Mishra asked the five to help him recover the money from Singh, and they agreed.

According to the police, Mishra asked Singh, a resident of Vashi Naka, to meet him on Tuesday at around 10.45pm. When he reached the designated spot, Mishra and his associates forcibly shoved him into a car. “During the journey, they kept beating me up and demanded that I repay the money immediately. They threatened me with dire consequences if I raised an alarm,” Singh said.

The kidnappers took Singh to an isolated spot in Kharghar, where they thrashed him with wooden sticks till 5.30am the next morning.

Later, the kidnappers took away Singh’s mobile phone, contacted his sister Sadhana and told her to arrange Rs2.90 lakh in cash, which she was to bring to Vashi Naka at 7.30am. A scared Sadhana approached the RCF police station and narrated the incident.

The police told Sadhana to go with Mishra’s plan and call him to Vashi Naka, where the police would be waiting to welcome the kidnappers. “When the kidnappers came to the spot with Singh in their car at around 7.30am, policemen in plainclothes caught them and rescued Singh,” said Dilip Yadav, senior police inspector of RCF police station.

The police, however, were surprised to see the six turn up in a Mahindra Verito with a red beacon atop it, the kinds used by ministers or bureaucrats. Yadav added that they are still probing whether the car was stolen from a VIP or whether a red beacon was placed atop it to intimidate people. “We don’t know how long they have been using this car, but we will find out once we start interrogating them,” Yadav added.

The kidnappers have been remanded in police custody on charges of kidnapping and causing hurt to extort property.

Wednesday, October 10, 2012

Enforcement Directorate attaches City Group Swiss accounts

The Enforcement Directorate has attached the Swiss bank accounts of Sayed Mohamed Masood, chairman of City Limouzine, and other group companies which are being investigated for alleged financial fraud, sources within the ED told TOI. This is the first such move under the Prevention of Money Laundering Act and possibly marks the dismantling of the Swiss wall of customer confidentially.

Experts say the move could also have implications for the fight against black money.

The Enforcement Directorate is investigating the City Group and Masood for alleged money laundering. The group had floated investment schemes offering high returns, as much as 48% in some cases. 


ED sources say that they were able to convince Swiss authorities that the funds in some of the Swiss bank accounts of Masoos were "proceeds of crime". They said Swiss authorities were convinced and cooperated in freezing some of the bank accounts. The PMLA adjudicating authority now has to confirm the attachments and once it is done ED will take possession of the funds, the source said. If the conviction goes through in the case, the funds will be brought back to India, the source said.

ED is conducting investigations into the money laundering in countries abroad in the case. Sources said the investigations so far have revealed that Masood maintained bank accounts in Switzerland in his name and the name of his companies.

ED has now attached these bank accounts which had a balance of $ 1.25 million. Investigations have also revealed huge transactions in foreign bank accounts and further probe is on in the case. The ED sources say more domestic and international attachments are likely soon.

According to the ED, City Limouzines (India) Ltd., City Realcom Ltd., its chairman Sayed Mohamed Masood and other directors of the companies have allegedly duped thousands of investors across the country of funds to the tune of hundreds of crores.

Police across the country are investigating Sayed Mohamed Masood, and City Group of Companies for cheating and criminal conspiracy under sections 120-B and 420 of the Indian Penal Code, the sources said.

ED sources say investigations have uncovered huge money laundering in India and abroad. During the course of investigations, the Enforcement Directorate has issued 14 attachment orders attaching movable and immovable properties in

India with a market value of over Rs 130 crores which were registered in the names of City group of companies, Masood, his wife, daughter, son and other directors.

The PMLA adjudicating authority has confirmed all the attachment orders and ED is in the process of taking over these properties, the sources said.  


TNN | Oct 8, 2012, 01.00AM IST

Dahanu Janata Bank 6 crores rupees fraud

डहाणू जनता बँकेच्या (dahanu janata bank) सहा कोटी रूपये घोटाळ्यातील चौघे संचालक गुजरातमध्ये पळून जात असताना मुंबई क्राइम बॅचच्या पथकाने शुक्रवारी अटक केली . या सर्वांना शनिवारी न्यायालयापुढे हजर केले असता दिवसांची पोलिस कोठडी देण्यात आली .

डहाणू जनता बँकेचे अध्यक्ष तसेच काँग्रेस तालुका अध्यक्ष डहाणू नगर पालिकेचे नगराध्यक्ष भरत राजपूत (bharat rajput)व त्यांचे नातलग तसेच काही संचालकांनी तसेच कर्मचा - यांनी अशा २३ जणांनी कोटी ९६ लाख रूपयांचा घोटाळा केला असून या प्रकरणी संपूर्ण चौकशी होऊन त्यांच्या विरोधात पोलिस ठाण्यात गुन्हा दाखल करण्यात आला होता .

संचालक भरत राजपूत(Bharat Rajput) , वसंत कार्नावट(Vasant Karnavat) , भरत शहा(Bharat Shaha) , रमेश कर्नावट (Ramesh Karnavat) , शिवराम राऊतShivram Raut) , अजित कांकरीया(ajit Kankariya) , बानु इ्रराणी(Banu Irani) , मोहिनी फाटक(Mohini phatak) , अजय छाजेड(ajay chhajed) , प्रलहाद तांडेल(Pralhad Tandel) या सर्वांनी कोर्टाकडून अटकपूर्व जामीन मिळविण्याचा प्रयत्न केला . १० संचालकांनी सुप्रीम कोर्टाचे दरवाजेही ठोठावले मात्र तेथेही अपयश आल्याने शरणागंती पत्करण्याशिवाय पर्याय उपलब्ध नव्हता त्यामुळे या सर्वांची अटक अटळ होती .

बँकेचे विद्यमान अध्यक्ष भरत राजपूत , संचालक वसंत कर्नावट , भरत शहा , रमेश कर्नावट हे चौघे मोटारीन मुंबई - अमहमदाबाद मार्गाने शुक्रवारी गुजरातकडे चालले होते . ही बाब मुंबई क्राइम बॅचच्या पथकाला सजमल्यावर महामार्गावर सापळा रचला त्यांना अटक केली . अटकेनंतर या सर्वांना आर्थिक गुन्हे अन्वेषण विभागाच्या ताब्यात देण्यात आले . बँकेचे कर्मचारी मधुकर वनमाळी , सतीश शेट्टी(satish shetty) , रमेष मलावकर(ramesh malavkar) , जगदीष राजपूत(jagdish rajput) तसेच सचिन पाटील(sachin Patil) या पाच जणांना या आधीच अटक करण्यांत आली आहे . अन्य तिघे अद्यापही फरार असल्याचे सांगण्यात आले .

Thursday, October 4, 2012

Pyramid schemes face government crackdown Draft norms being drawn up to rein in multi-level marketing MLM firms


The Securities and Exchange Board of India has at least 552 unregistered multi-level marketing schemes under its scanner. Photo: Abhijit Bhatlekar/Mint
The Securities and Exchange Board of India has at least 552 unregistered multi-level marketing schemes under its scanner.

The government wants to crack down on multi-level marketing (MLM) firms that operate pyramid schemes and is drawing up draft guidelines to rein in such scamsters, according to two government officials with knowledge of the matter.
“Model rules” are likely to be finalized in the next two weeks to check “fraudulent MLMs”, said one of the officials cited above. Neither wanted to be identified as the rules haven’t been formally approved yet by the government.
“Although the (Prize Chits) Act already bans such schemes, there is nothing to effectively check those that are operating online and from outside India,” said the official. “Most concerned ministries and departments have already given their in-principle approval.”
The move comes as the government has detected an increasing focus by such schemes on people based in the north-east and West Bengal as well as their being marketed online by entities outside the country, in a bid to stay off the regulatory radar, unlike, say, Speak Asia Online, which was accused of defrauding people to the tune of Rs.2,300-2,400 crore by Mumbai Police last year. Speak Asia chief executive Manoj Kumar did not respond to text messages and phone calls.
Also, the plan to set up a new central regulator for MLMs has been shelved in favour of a system that will be policed by the states.
The new rules will be in the nature of legal guidelines and operate under the Prize Chits and Money Circulation Schemes (Banning) Act 1978.
The idea behind the new guidelines is to ensure there is clarity in the implementation of the money circulation Act (as the Prize Chits law is also known), especially among state governments, said the second government official. The economic offences wings of state police forces are not clear about how to implement the Act, and hence the new guidelines, the second official said.
“There is a great deal of overlap in regulations both at the Centre and the state. We want these things to be made clear,” he said. “Several big companies are operating these schemes under the guise of marketing products. The new rules will effectively check that.” He didn’t elaborate.
Multi-level marketing companies typically operate under a business model that compensates people not only for the product sales they generate, but also for enrolling other sellers and creating a pyramid structure. This is illegal under Indian law, officials said.
Several key government arms have been involved in the framing of these guidelines, according to one of the officials cited above. They include the ministries of corporate affairs, consumer affairs and law, the department of financial services under the finance ministry, the Securities and Exchange Board of India (Sebi) and the Central Economic Intelligence Bureau (CEIB).
Information with various law enforcement agencies suggests there are at least 18 large MLM companies in the country with an annual turnover of Rs.4,000-5,000 crore, said the first official cited above, adding that these are estimates as there is no data available with the government.
“In the course of framing these guidelines, we came across some new trends. Such companies are aggressively targeting the north-east states and West Bengal,” the first official said. “And now, these schemes are being increasingly marketed online, by people based outside India.”
This was in addition to the four southern states—Andhra Pradesh, Tamil Nadu, Karnataka and Kerala—where such schemes always are active, he said. At least 552 unregistered MLM schemes are currently under Sebi’s scanner, he said.
While no data was available on the number of people registered with these schemes, a recent investigation in Madhya Pradesh showed that out of 31 MLM networks in the state, the top three had 2.1 million members.
“This data is indicative of the fact that throughout the country, millions could be enrolled as members with such schemes,” he said.
Earlier this year, the Serious Fraud Investigation Office (SFIO) had recommended that the central government set up a regulatory body for MLM companies that would work in conjunction with the Enforcement Directorate and the Intelligence Bureau.
“That proposal has been shelved. We want state governments to themselves police these companies,” the second official said.
The regulations should help bonafide companies, said Gaurav Gupta, senior director at consultancy Deloitte Touche Tohmatsu India Pvt. Ltd.
“Some non-genuine players have misused this channel for illegal purposes. This is a positive step from the government to bring transparency to the system,” he said.
The Indian Direct Selling Association (Idsa), an industry lobby group, welcomed the move.
“We are really very delighted to know the government has decided to come up with modal rules,” said Chavi Hemanth, secretary general, IDSA. “Our member companies have always ensured that the consumers and public at large should not be deceived and cheated by fraudulent financial pyramid schemes operating under the garb of direct selling.”
Idsa has also asked the government to set up a single-window regulator to further ensure clarity of operations within the industry and to protect the interests of bonafide companies.
If the regulations are “logical” and “address the issue”, it would benefit the sector, said an independent analyst with a leading consultancy firm who did not want to be named.
“The government’s objective is to (expose) the scamsters. This would help genuine players who get bracketed in the same light,” he said. Still, “the genuine players in the sector are apprehensive of the regulations, though in the long-term it will only benefit them”.
Besides Speak Asia, some other companies operating in the direct selling sector in India include Amway, Oriflame and Tupperware among others.
Amway India Enterprises Pvt. Ltd said the government move is in the best interest of consumers and ethical players in the market.
“Though we have no information of the same, Amway welcomes this possible move as this will bring clarity to the market. It will certainly protect consumers from fraud schemes, and could also safeguard the operations of ethical companies.” said Bill Pinckney, chief executive and managing director, Amway.
“Direct selling contributes to the livelihood for over four million homes in India. We and the entire direct selling industry look forward to being part of the process with the government as the guidelines are being framed.” added Pinckney.

Tuesday, October 2, 2012

snatching gold chains and other valuables of female commuters in the ladies comparments of Mumbai’s suburban trains over the past 12 years.

Cops nab notorious chain-snatcher


The Kurla Government Railway Police (GRP) on Friday nabbed a 26-year-old woman for snatching gold chains and other valuables of female commuters in the ladies comparments of Mumbai’s suburban trains over the past 12 years.
“We have arrested Yasmin Pasha Sheikh and recovered two mangalsutras from her,” said Shivaji Dhumal, senior police inspector of the Kurla GRP, and added that her associate, Sayarabi Sheikh, had been arrested as well.
Yasmin, a bar dancer who later turned to chain-snatching, has previously been involved in burglaries at Antop Hill. Several cases of robbery and theft have been registered against her at Kurla, CST, Thane, Borivali and Wadala GRP stations as well, said Dhumal.
According to the police, Yasmin dropped out of school after Class VII in order to make ends meet. While looking for a job, she met a woman named Brahma who got her a job as a bar dancer. However, when the state government imposed a ban on bar dancing in August 2005, she was out of work again. This was when Yasmin met Reshma Ansari, a chain-snatcher who suggested that she take up the profession herself.
Yasmin, who thought this was a good idea, started wearing a burkha to protect her identity and stealing gold chains, cell phones and other ornaments from female commuters travelling by the city’s suburban locals, making a killing during the morning and evening peak hours.

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