Bombay High Court
Faraz Mohd. Rafique Pansari And Anr vs The State Of Maharashtra on 25 November, 2020
Equivalent citations: AIRONLINE 2020 BOM 2645
Author: Sandeep K. Shinde
Bench: Sandeep K. Shinde
Rane 1/8 ABA(ST)-2978-2020
Wednesday,25.11.2020
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION (ST) NO. 2978 OF 2020
Faraz Mohd. Rafiq Pansari
and anr. ....Applicants
V/s.
The State of Maharashtra ...Respondents
****
Mr. Ashok Kumar Dubey,Advocate for the applicants.
Ms. Prajakta Shinde, APP for State.
CORAM :- SANDEEP K. SHINDE, J.
(through Video Conference) Order Resd. On : 6th November, 2020.
Order Pron. On : 25th November, 2020.
P.C. :
1. Apprehending arrest, in connection with Crime No. 301/2020 registered with Panvel City Police Station for the offences punishable under Sections 120B, 201, 465, 468, 471 of the Indian Penal Code read with Section 66C of the Information and Technology Act, 2000, applicants are seeking pre-
arrest bail.
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2. Prosecution's case is as under :
. Panvel City Police Station received a secret information, that the applicants and co- accused, executed about more than 1,000 online transactions through shopping sites using hacked debit/credit cards of foreign nationals. DCP, Zone- II, Panvel, Navi Mumbai directed enquiry which revealed, online purchases were made from the sites of www.mi.com, www.myntra.com, www.healthkart.com, www.zomato.com, www.grofers.com, www.nearbuy.com, www.pepperfry.com, www.oyo.com through suspect mobile numbers by using credit and debit cards of foreign nationals. Online purchases of electronic goods worth Rs.48,00,000/- were found to be made which were sold to Indian customers. Investigation revealed that, particulars like, name of the card holder, address, State, Country Zipcode (postal code in USA), card number, its expiry date and CVV (Card Verification Value) number was derived through websites Fe-acc18.ru and https://Unicc.cm/Orders/index. These two websites run on the information which they get from, Rane 3/8 ABA(ST)-2978-2020 Wednesday,25.11.2020 "darkweb", which is accessible by means of special software allowing users and website operators to remain untraceable. The "darkweb" is part of internet i.e. not visible to search engines and requires use of an browser called TOR. One can buy credit card particulars, hire hackers to attack computers and can buy user names and passwords from this website.
3. It is the prosecution's case that, applicants and co-accused misused/hacked, particulars of credit/debit card holders for making aforesaid online purchases. Investigation revealed that, card details were used by the applicants for creating Gmail, Hotmail Account, matching to the owner/holder of the card, which the applicants kept on changing their I.P. address, by using different software to keep themselves anonymous to hide their identity.
4. Investigation has revealed that the applicants and the co-accused created email I.D. similar to the holder of the cards and thereafter Rane 4/8 ABA(ST)-2978-2020 Wednesday,25.11.2020 logged in to purchase from different websites by using their mobile numbers. While purchasing a product, shipping/delivery address was found to be that of the applicants. Obviously, invoice price was debited from the card holder's bank account and the product was delivered at the address mentioned by the applicants. These transactions were verified from the payment, gateway and concerned website, wherefrom the products were purchased. After due verification, the subject crime has been registered against the applicants and the co-accused.
5. Accused nos.1 to 3 were arrested in August, 2020. Appliances like CPU and mobile handsets were seized from the co-accused. Investigation further revealed, that the crime involves 807 transactions/purchases made by the applicants by hacking Credit Cards, Debit Cards, Master Cards, American Express VISA Card of foreign nationals and total purchases were worth Rs.50,37,800/-. Investigation further revealed that, information supplied by 'Pay U', Gateway (payment clearing Rane 5/8 ABA(ST)-2978-2020 Wednesday,25.11.2020 agents) that, accused have made online purchases from the websites by using their mobile numbers.
6. Investigating Officer has produced 'Pay U' transactions and highlighted the transaction details of cards, I.P. address and the mobile numbers used. The transaction details reflect the mobile numbers of the applicants. These details are supported by a Certificate issued under Section 65B of the Evidence Act by the Nodal Officer of the 'Pay- U'. Similar details were obtained from, 'www.mi.com' website through which online transactions were made by the applicants.
7. I have perused these details. These, online transactions show mobile numbers of the applicant and co-accused and also discloses the address of accused no.5, where consignment was delivered. Investigation also shows that, online goods purchased were sold to different persons in India. The goods sold to them were mobile sets or other electronic gadgets. The transaction details also show the IMEI number of mobiles. In the course of the Rane 6/8 ABA(ST)-2978-2020 Wednesday,25.11.2020 investigation, Officer has recorded the statements of the purchasers and recovered the mobiles purchased by them from the applicants and the co- accused. The IMEI number of the mobile seized from the customers is the same which is reflected or shown in the online transaction details submitted by www.mi.com, a website.
8. As against the aforesaid material, it is applicant's case that, they are Directors of Bellwey E-Commerce Private Limited and doing the business of selling and buying old used cars. It is their case that, Ayaz-applicant no.2, does the business of selling various products online. In support of their contention, they have placed on record, a Certificate of incorporation, E-TDS intermediary, a authorisation letter issued by Bellwey E-Commerce Private Limited to PayPal Private Limited under the Companies Act (Form No.INC-9), few tax challans under the GST and one leave and license agreement. Besides this, the applicants have not produced any document to prima-facie establish their business of selling and buying old cars.
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9. It may be stated that, on 21.10.2020, when this matter was heard, the applicants had agreed to furnish particulars of online purchases made by them. However, till date, such particulars were not furnished. On 4.11.2020, applicants had agreed and undertook to produce purchase invoices alongwith details of payment made by them to vendors. However, they have not complied with the Undertaking given to this Court on 4.11.2020. In view of this fact, it is to be stated that, applicants are not co-operating in the investigation, though they were granted interim relief and directed to produce the relevant documents in support of their case for its verification.
10. Thus, the material brought on record by the prosecution, prima-facie, shows applicants' complicity in the crime. It is a case for custodial interrogation to unearth the source wherefrom they derived the particulars of credit/debit cards of foreign nationals used by them for making huge purchases.
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Wednesday,25.11.2020
11. The Anticipatory Bail Application is
rejected and disposed off. Interim relief granted by this Court is vacated.
Digitally
signed by
Neeta Neeta S.
Sawant
S. Date:
Sawant 2020.11.25
18:32:51
+0530 (SANDEEP K. SHINDE, J.)