$~30 & 31

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IN THE HIGH COURT OF DELHI AT NEW DELHI

%

+

BAIL APPLN. 1243/2022

IRFAN ALI

..... Petitioner

Through:

Mr. Rajive Maini, Ms. Shriya Maini,

Advocates.

versus

STATE OF NCT OF DELHI & ANR.

..... Respondents

Through:

Mr. N.S.Bajwa, APP for State with

Insp. Chaitanya Abhijit, PS Cyber

Police Station (Central Distt.

+

BAIL APPLN. 2059/2022 & CRL.M.A. 12929/2022

MOHD IRFAN @ RAJJI

..... Petitioner

Through:

Mr. Rajive Maini, Ms. Shriya Maini,

Advocates.

versus

STATE OF NCT OF DELHI

..... Respondent

Through:

Mr. N.S. Bajwa, APP for State.

CORAM:

HON'BLE MR. JUSTICE TALWANT SINGH

Talwant Singh, J.:

1. These two bail applications have been moved by accused/applicants

Mohd. Irfan alias Rajji and Irfan Ali, who are co-accused in FIR No.

30/2021 registered at PS Hauz Qazi under Section 420/406/120B IPC and

Section 4/20/21/25 of Indian Telegraph Act and Section 65 of Information

Technology Act.

1.1

Notice was issued. The State has filed Status Report. Nominal Rolls

of the accused/applicants have been also called from the jail.

2. The factual matrix of the present case is given in the Status Report. A

complaint was received in PS Hauz Qazi on 05.02.2021 from Government

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/003838

officials that one illegal international telecom exchange, setup in Chawri

Bazar, Delhi has been found, which is using the advance technology for

routing international calls of foreign countries like US, UAE, Canada,

Nepal, Australia and many more to India via internet and in this way,

bypassing the international and national call gateways of India. This

exchange can handle 2500 international calls simultaneously and is causing

loss of about Rs.1.20crore per day to the Government and telecom

companies. This exchange could handle 3 lac international calls per day.

2.1

These calls are then routed towards Indian telecom/mobile numbers

through heavy servers and software tools. The setup was fully automatic.

Since this call route was internet based, so it is difficult for Indian Law

Enforcement Agencies to monitor and back trace the foreign callers, so it is

posing a grave threat to national security.

2.2

Raid was conducted where two SIP servers of IBM and HP along with

other paraphernalia were recovered. The present FIR was registered and

investigation was transferred to District Cyber Cell, Central. One accused,

Imran Khan was arrested on 06.02.2021, who disclosed that his maternal

uncle, namely Zulifiqar Ali asked him to arrange a room where connection

of JIO will be installed. His elder brother, Yousuf handed over the room to

Zulifiqar Ali, who started working from there. He shared his ID with

Zulifiqar Ali as he needed fast internet connection of Airtel.

2.3

The said Zulifiqar Ali paid Imran Khan Rs.5,000/- for using his ID

and assured him to pay more in future. Imran Khan further disclosed that

Zulifiqar Ali installed two machines and started dealing in international

calls. Statement of the person, who installed the internet connection, namely,

Kamal Kishore was recorded.

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/003838

2.4

One Ganga Singh was also examined, who had also installed internet

connection at the instance of Zulifiqar Ali.

2.5

One Harish Kumar also stated that he had installed high-speed

internet connection on the order placed by Zulifiqar Ali.

2.6

One Usman Miyan S/o Tarik was examined, who was introduced to

Zulifiqar Ali by one Irfan and he had installed SIP Trunk after collecting the

necessary documents from M/S Adeeba Enterprises, a firm of Zulifiqar Ali.

The use of the said SIP Trunk for making international calls was forbidden.

Persons, who had received international calls, were examined and their

statements were recorded.

2.7

On further inquiry, the Government officials gave details of the losses

caused by installation of the illegal inte