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2020 (3) TMI 41

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..... .e. M/s Anmol Tradex Pvt. Ltd. and M/s Bal Gopal Importers, both firms of the complainant and record of these firms were under compilation by DRI, Ludhiana. It is also alleged against the petitioner that he has even told the complainant that action under COFEPOSA could be taken against him which can lead to search of his premises and to his arrest. The investigation reveals that the petitioner is the man who has created fear in the mind of the complainant that he would be involved in cases with DRI and COFEPOSA and after creating this terror in the mind of the complainant, the bribe amount was settled of which a sum of ₹ 25 Lakhs have been recovered from the petitioner. It is the petitioner who was the ex-clearing agent of the comp .....

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..... ing business of export of readymade garments, leather items etc. under the name and style of M/s Anmol Tradex Pvt. Ltd. and M/s Bal Gopal Importers and Exporters Pvt. Ltd., at East Patel Nagar, New Delhi. 3. The complainant further alleged that Anoop Joshi (present petitioner) was his ex-Clearing House Agency (CHA) based at New Delhi. In June 2019, petitioner met complainant and informed him that DRI, Ludhiana raided premises of M/s Sadagati Clearing Agency Pvt. Ltd. and seized records belonging to 300 business firms, to which said M/s Sadagati was providing clearing house services. Said 300 business firms of which record has been seized by DRI included (Complainant's) firms i.e. M/s Anmol Tradex Pvt. Ltd. and M/s Bal Gopal Importers .....

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..... , New Delhi. A memo was recorded to that effect. 7. On 31.12.2019, CBI team again assembled in the presence of independent witnesses. Complainant produced GC Notes of ₹ 25 lakhs, which were treated with phenolphthalein powder. The trap proceedings were carried out and were recorded in the handing over memo dated 31.12.2019. CBI team alongwith independent witnesses proceeded to hotel JW Marriot, New Delhi. Complainant met petitioner / accused Anoop Joshi and Rajesh Dhanda in the lobby of said hotel. On being demanded by petitioner, he handed over tainted bribe amount of ₹ 25 lakhs to the petitioner. Petitioner received that amount in his hands and kept the same on table placed between sofas. On receipt of pre-decided signal, C .....

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..... al, DRI Ludhiana which would lead to action against complainant under COFEPOSA resulting in search at his premises and his arrest. He further argued that petitioner thereafter introduced complainant with co-accused Rajesh Dhanda and money was demanded from the complainant who was thereafter threatened at Hotel Imperial Delhi and later on 01.08.2019 demand of ₹ 3 crores was made from him and in November 2019, petitioner again reiterated the demand of ₹ 3 crores which was later on settled for ₹ 2.75 crores. 10. He further argued that petitioner thereafter continued to harass and threaten the complainant on Whatsapp and thereafter met him at Le Meridian Hotel where also the demand and threat was extended. He further argued .....

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..... e for the co-accused from the complainant alleging that the records of his firm has been seized by DRI alongwith the record of M/s Sadagati Clearing Agency Pvt, Ltd. It is alleged against the petitioner that he told the complainant that the records of 300 business firms which has been seized by the DRI included the firms i.e. M/s Anmol Tradex Pvt. Ltd. and M/s Bal Gopal Importers, both firms of the complainant and record of these firms were under compilation by DRI, Ludhiana. It is also alleged against the petitioner that he has even told the complainant that action under COFEPOSA could be taken against him which can lead to search of his premises and to his arrest. 14. In order to save the complainant from the DRI, the petitioner alongw .....

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