SANJAY PANDEY Vs. DIRECTORATE OF ENFORCEMENT

JUDGEMENT

(1.) This is BAIL APPLN. 2409/2022 to enlarge the applicant on regular bail in ECIR/DLZO-I/28/2022 registered on the basis of FIR bearing RC No. 2212022E0030 registered by CBI/EO-III/Delhi.

(2.) It has been stated that the Ministry of Home Affairs on 19/5/2022 and 20/5/2022 sent two communications to Central Bureau of Investigation (hereinafter referred to as „CBI?) against M/s. ISEC SERVICES PVT. LTD. and Sh. Sanjay Pandey, the applicant herein and :-

(3.) It is stated that ISEC SERVICES PVT. LTD. in conspiracy with other accused illegally intercepted MTNL lines at National Stock Exchange (hereinafter referred to as „NSE?) between 2009 to 2017 and recorded calls by various NSE officials. The transcript of these calls was thereafter made available by ISEC to NSE officials. No other phone lines outside NSE are alleged to have been recorded or monitored. It is further stated that the telephone monitoring was carried out by ISEC without taking permission of the competent authority as required under Sec. 5 of the Indian Telegraph Act, 1885 and also it was without the knowledge and consent of NSE employees. It has further been stated that for the work carried out between 2009 to 2017, ISEC was paid a sum of Rs.4.54 crores by NSE. The FIR No. RC2212022E0030 dtd. 7/7/2022 was registered on the allegations levelled by CBI under Ss. 120-B read with 409 and 420 of the Indian Penal Code, 1860 ("IPC") and Ss. 69B, 72, 72A of the Information Technology Act, 2000 ("IT Act") and Ss. 20, 21, 24 & 26 of the Indian Telegraph Act, 1885 ("Telegraph Act") and Ss. 3 & 6 of the Indian Wireless Telegraphy Act, 1933 and Sec. 13(2) r/w Sec. 13(1)(d) of the Prevention of Corruption Act, 1988 ("PC Act") at PS - EO-III, CBI, Delhi.