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Bombay HC Discharges Gautam Adani, Rajesh Adani In ₹388 Crore Market Violation Case, Cites Lack Of Cheating Evidence

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Mumbai: In a relief for Adani Group chairman Gautam Adani and managing director Rajesh Adani, the Bombay High Court on Monday discharged them in a case of alleged violations of market regulations amounting to nearly Rs 388 crore observing that no case of cheating or criminal conspiracy was made out.

In 2012, the Serious Fraud Investigation Office (SFIO) initiated a case against Adani Enterprises Limited (AEL) and its promoters, Gautam Adani and Rajesh Adani. It filed a chargesheet accusing them of criminal conspiracy and cheating.

Later, in 2019, Gautam Adani and Rajesh Adani approached the High Court, seeking to quash a sessions court order from the same year that refused to discharge them from the case. In December 2019, the High Court granted an interim stay until January 13, 2020, which was subsequently extended from time to time.

Justice RN Laddha discharged the two industrialists saying that after evaluating the submissions and the records it is “evident that the complaint fails to satisfy the essential ingredients of the offence of cheating”. The judge said that when the offence of cheating itself is not made out then even the charge of criminal conspiracy becomes unsustainable.

In a detailed order, the HC said: “A fundamental requirement for an offence under section 420 of the IPC (cheating) is the presence of an element of deception, which leads to the victim suffering from loss while the accused gains wrongfully.” It added that in the present case, there is a “conspicuous absence” of any such allegations from an affected party, it added.

“Merely by asserting that the accused has made a wrong gain without demonstrating the corresponding wrongful loss or deception suffered by a specific victim does not suffice to attract the offence of cheating,” the court underlined.

The court turned down SFIO’s request to stay the order to allow them the approach the Supreme Court.

The SFIO had filed a chargesheet in 2012 against 12 accused, including the Adani’s, for allegedly providing funds and shares to Ketan Parekh to facilitate illegal activities in the capital market. They were accused of cheating and criminal conspiracy. However, a local magistrate discharged them from the case in May 2014.

Following an appeal by the SFIO, the sessions court, on November 27, 2019, set aside the magistrate’s order. The sessions court observed that the SFIO had prima facie established a case of “unlawful gain” by the Adani Group promoters and Parekh, amounting to approximately Rs388 crore and Rs151 crore, respectively.

The Adani’s approached the High Court against this order, claiming that the sessions court’s decision was “arbitrary and illegal.” Their plea contended that “except for bald and general allegations of criminal conspiracy, no offence of cheating is disclosed against the petitioners, and the allegations are groundless.”

The case involved allegations of market regulation violations amounting to nearly Rs 388 crore. It stemmed from concerns over regulatory compliance and financial transactions flagged during an investigation.

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ED Seizes ₹42 Lakh, Luxury Cars In Mumbai Drug Money Laundering Probe

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Mumbai: The Enforcement Directorate (ED) seized Rs 42 lakh in cash, three luxury cars, property papers, and several digital devices during a search operation on Wednesday targeting a drug trafficking and money laundering network. The agency also froze multiple bank accounts and a locker linked to alleged drug trafficker Faisal Javed Shaikh and his wife, Alfiya Faisal Shaikh.

Officials said the searches were conducted at nine locations across Mumbai under the provisions of the Prevention of Money Laundering Act (PMLA), 2002. The operation aimed to trace the drug sale proceeds generated by a well-established narcotics network allegedly operated by the couple.

The ED initiated its money laundering probe based on a case registered by the Narcotics Control Bureau (NCB), Mumbai Zonal Unit, against multiple accused, including Faisal Shaikh, Alfiya Shaikh, and several others, including Ashik Varis Ali, Nasir Khan, Irfan Yusuf Faruqi, Azim Abu Salim Khan alias Azim Bhau, Faizan Mohd. Shafi Shaikh, and Mohd. Shahid Faridudin Chaudhary alias Baboos.

Investigators said Faisal Shaikh was procuring MD (Mephedrone) drugs from Salim Dola, a notorious drug kingpin who has been wanted by law enforcement agencies for his alleged role in large-scale narcotics trafficking. The NCB has announced a reward for information leading to Dola’s arrest.

After securing bail in the NCB case, Shaikh, described by officials as a habitual offender, was placed under preventive detention under the PIT-NDPS Act.

The ED’s probe revealed that Faisal and Alfiya Shaikh allegedly ran a structured network for the sale of MD drugs sourced from Dola. During Wednesday’s searches, the agency also covered premises connected to several individuals associated with shell companies with paper transactions exceeding Rs 100 crore, as well as firms involved in foreign outward remittances and financial dealings with the accused. Officials said these entities are being examined for their possible role in layering drug proceeds and routing the funds abroad through channels such as hawala, shell companies, and trade-based mis-invoicing.

Officials said the ED searches were critical to tracing both the “forward linkage” (movement of drug sale proceeds) and “backward linkage” (sources, beneficiaries, and conduits of funds), including whether the proceeds were channelled abroad via hawala, shell companies, or trade mis-invoicing. The seized and frozen assets including cash, bank accounts, lockers, vehicles, property documents, and digital devices are being examined under the lens of money laundering.

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Stock markets end week on positive note; Banking, IT, and pharma stocks lead gains

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Mumbai, Oct 11: Indian equities ended the week on a positive note amid buying in banking, IT, and pharma stocks (in the last two sessions).

Investors’ sentiment remained firm toward banking stocks during the period, buoyed by the RBI monetary committee decision to keep the repo rate unchanged at 5.5 per cent, and it improved further after the government invited private sector professionals to lead the State Bank of India.

Meanwhile, pharma stocks picked up momentum at the end of the week after the US administration said that they do not plan to impose tariffs on generic drugs and signalled cutting biotech ties with flagged foreign firms, especially from China.

“Pharma stocks rallied as the US revived the Biosecure Act, aiming to cut biotech ties with flagged foreign firms, especially from China, providing a strong boost to Indian CDMOs. With the earnings season underway, investors are closely watching quarterly results for cues on market direction,” said Vinod Nair, Head of Research, Geojit Investments Limited.

On Friday, Indian equity benchmark indices ended higher for the second straight session, supported by strong buying in pharma and banking stocks.

Because of the weakness in IT stocks, the Sensex opened at 82,07,5 down about 100 points. But it quickly bounced back, rising 579 points to an intra-day high of 82,654.

At 82,501, the index ultimately closed 329 points higher, or 0.4 per cent higher. Likewise, the Nifty reached a peak of 25,331 during the day and ended the day 104 points, or 0.4 per cent, higher at 25,285.

“Investor sentiment improved after the government invited private sector professionals to lead the State Bank of India. This marks a broader policy shift towards allowing private participation in public sector enterprises, aimed at enhancing efficiency and governance,” Nair added.

The Nifty index displayed strong bullish momentum over the past week, advancing 391 points or 1.57 per cent, while Sensex rallied over 1,000 points or 1.35 per cent.

“On the weekly chart, the index has formed a cup and handle pattern, and a decisive break out of this formation, supported by increasing volumes, would signal the potential for further sustained upside,” said Hardik Matalia of Choice Equity Broking.

The Bank Nifty (up 1.84 per cent), Nifty IT (up 4.8 per cent) and Nifty Pharma (up 2.12 per cent) fueled the market momentum this week.

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Sensex, Nifty edge higher as geopolitical tensions ease

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New Delhi, Oct 10: Indian stock markets opened on a flat note but soon moved higher on Friday, supported by positive global sentiment.

The easing of geopolitical tensions in the Middle East and signs of a possible trade deal between the US and India boosted investor confidence.

After the opening bell, the Sensex gained 148 points, or 0.18 per cent, to trade at 82,320 levels. The Nifty also rose 40 points, or 0.16 per cent, to 25,221 levels.

“Though yesterday’s push higher in the second half failed to clear the week’s high, it did serve to invalidate the bearish bias of the evening star candle stick pattern,” market experts said.

“This encourages us to look for 25460, in the days ahead. For the day, inability to push and float above 25215 or direct fall past 25113, could render the trend sideways, but may not call for a break of 24982 right away,” they added.

In the broader market, the Nifty Midcap 100 index inched up 0.18 per cent, while the Nifty Smallcap 100 advanced 0.28 per cent — indicating healthy participation from mid- and small-cap stocks.

Among the sectoral indices, Nifty Metal was the worst performer, slipping 1.4 per cent. It was followed by weakness in Auto, Pharma, and Healthcare stocks.

On the other hand, sectors such as Banking, Energy, FMCG, IT, Consumer Durables, Oil & Gas, and Realty were trading with gains.

In the Sensex pack, Power Grid, State Bank of India, NTPC, Adani Ports, and Asian Paints were among the top gainers.

Meanwhile, Tata Steel, TCS, Bajaj Finance, M&M, and HCL Tech were trading in the red.

“The overall market environment is turning positive. Globally, the GAZA peace accord signals end to the conflict and reduction of geopolitical risk from the region,” analysts said.

“Domestically, there are indications of a trade deal between US and India with India ‘rebalancing’ its oil purchases,” they added.

According to market analysts, these positive developments and the shift in FII strategy ( FIIs were buyers in the cash market in the last three trading days) bode well for the market.

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