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Case Law Details

Case Name : Sanjay Pandey Vs Directorate of Enforcement (Delhi High Court)
Appeal Number : Bail Appln. 2409/2022
Date of Judgement/Order : 08/12/2022
Related Assessment Year :
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Sanjay Pandey Vs Directorate of Enforcement (Delhi High Court)

Delhi High Court held that there are reasonable grounds to believe that the Applicant is not guilty of the offence. Further, the Applicant is also not likely to commit any offence while on bail. Accordingly, bail granted.

Facts-

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.

The applicant states that in or around 2009, NSE approached ISEC with a request to engage its services for analysis of calls that NSE was recording of its employees. As per ISEC, NSE had been monitoring calls from the landlines installed in its premises since 1997. As per the proposal, NSE was to be provided a hard drive containing pre­recorded call data of its employees and ISEC was required to listen to the data provided by NSE on a weekly basis and submit a report to NSE officials upon analysis thereof. The work required ISEC to flag pre-recorded calls as “suspicious” based on their content and to determine whether there were any system or process vulnerabilities. It is stated that the information available with the NSE and its employees is very critical, sensitive and has a great potential for misuse. Any leakage of sensitive information could potentially lead to insider or unfair trading allowing persons to make illegal profits and prejudicing the general public and investors.

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