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The views expressed in the 'CBI<br />

Bulletin' are exclusively <strong>of</strong> the authors<br />

and do not correspond necessarily<br />

to the <strong>of</strong>ficial views <strong>of</strong> the <strong>Central</strong><br />

<strong>Bureau</strong> <strong>of</strong> <strong>Investigation</strong>.<br />

CBI BULLETIN<br />

Vol. XIX Nos. 4-6<br />

EDITORIAL BOARD<br />

Patron<br />

AMAR PRATAP SINGH<br />

Director<br />

Editor<br />

SUJEET PANDEY<br />

DIG (Trg.)<br />

Concept, Design & Print by:<br />

GENESIS 98100 33682<br />

genesisadvt@hotmail.com<br />

CONTENTS<br />

Page No.<br />

Editorial 2<br />

Counter-Terrorism and Police Legitimacy 3<br />

The Future <strong>of</strong> Policing Challenges:<br />

Technology (In) Crimes by Pratap Reddy 5<br />

Forensic Auditing by J.L. Negi 8<br />

The Wave <strong>of</strong> Future...by Akansha Gupta 14<br />

The Architecture <strong>of</strong> Cyber Security by<br />

Col. Debtoru Chatterjee 17<br />

Advancement <strong>of</strong> Techniques for Forensic Examination <strong>of</strong><br />

CDs/DVDs by Mukesh Sharma & Shailendra Jha 38<br />

New Building <strong>of</strong> CBI Head Office 43<br />

lhchvkbZ cuke Hkz"Vkpkj & vfuy ijk'kj 45<br />

In Home News 46<br />

Cover :<br />

Hon'ble Prime Minister Dr.<br />

Manmohan Singh, along with Shri V.<br />

Narayanasamy, MoS (PP), Smt. Alka<br />

Sirohi, Secretary (P&T), Shri T.K.A.<br />

Nair, Principal Secretary to PM, Shri<br />

Amar Pratap Singh, Director, CBI &<br />

others on the occasion <strong>of</strong> inauguration<br />

<strong>of</strong> the new CBI Headquarters<br />

RESTRICTED FOR POLICE USE<br />

CBI Bulletin April - June 20111


Editorial<br />

On 30th April, 2011, CBI witnessed the fulfilment <strong>of</strong> it’s long cherished<br />

dream <strong>of</strong> having it’s own headquarters building - a state <strong>of</strong> the art,<br />

green building. While inaugurating the same, Dr. Manmohan Singh,<br />

the Hon’ble Prime Minister <strong>of</strong> India, lauded the pr<strong>of</strong>essional work<br />

done by the CBI, and the benchmark it has set for other Investigating<br />

Agencies to emulate. He also emphasized on the commitment <strong>of</strong> the<br />

Government towards technological needs <strong>of</strong> the organization.<br />

In the past few decades, use <strong>of</strong> technology has indeed become an<br />

inseparable part <strong>of</strong> crime detection. One area that has emerged<br />

fast is the use <strong>of</strong> information technology by the criminals, which is<br />

posing new challenges everyday for law enforcement agencies in<br />

prevention and detection <strong>of</strong> crime. About 80% crimes, according to<br />

me, have atleast some elements involving use <strong>of</strong> digital equipments<br />

and <strong>of</strong> Cyber space. Therefore, the upgradation <strong>of</strong> technological and<br />

scientific knowledge is the need <strong>of</strong> all law enforcement agencies <strong>of</strong><br />

the country.<br />

Since the CBI Bulletin has become an effective medium <strong>of</strong> disseminating<br />

the latest in the field <strong>of</strong> investigation and other police related subjects<br />

to Investigating Officers <strong>of</strong> India and abroad, we decided to cover<br />

issues related to Cyber Crime and Cyber Forensics in this edition <strong>of</strong><br />

the bulletin. We have included some important articles on Cyber<br />

Security and Scientific <strong>Investigation</strong> which will definitely enrich the<br />

readers involving latest technology. Articles like “The Future <strong>of</strong> Policing<br />

Challenges : Technology in Crimes”, “Forensic Auditing” and the<br />

article “Advancement <strong>of</strong> techniques for Forensic Examination <strong>of</strong> CDs/<br />

DVDs” throws light on the importance <strong>of</strong> technology and forensic<br />

development in investigation. Articles titled “Cloud Computing” and<br />

“The Architecture <strong>of</strong> Cyber Security” explores the cyber world and<br />

gives us updated information.<br />

We fervently hope that this issue <strong>of</strong> the Bulletin shall make significant<br />

contribution to the information inputs <strong>of</strong> our readers. As always, we<br />

look forward to your comments and suggestions, which help us in<br />

shaping the Bulletin.<br />

Editor<br />

2 CBI Bulletin April - June 2011


in the face <strong>of</strong> the London bombings<br />

<strong>of</strong> 2005, he said that provision<br />

<strong>of</strong> information to the public is a<br />

fundamental clue to help police and<br />

to retain contact with the public<br />

about what measures are necessary in<br />

the face <strong>of</strong> unprecedented threat <strong>of</strong><br />

terrorism. He said it is the dilemma <strong>of</strong><br />

our times to understand the delicacy<br />

<strong>of</strong> the legitimacy <strong>of</strong> police work and<br />

to provide detailed rationale for the<br />

way the police functions in tackling<br />

terrorism. Quoting Sir Robert Peel,<br />

Lord Blair said, "The police are the<br />

public and the public are the police."<br />

12th D.P. Kohli Memorial Lecture on<br />

“Counter-Terrorism and Police<br />

Legitimacy”<br />

delivered by Lord Ian Blair at Vigyan Bhawan<br />

on 3rd June, 2011<br />

Community Policing and<br />

Communication with Public<br />

is Key to Police Legitimacy<br />

-V.Narayanasamy,<br />

MoS (PP)<br />

Police Legitimacy is based<br />

on the Delicate Balance<br />

between Police Behaviour<br />

and Public Acceptance.<br />

- Lord Ian Blair<br />

Terrorists must be countered<br />

within the Rule <strong>of</strong> Law; Fight<br />

against Corruption should<br />

start at School.<br />

- Amar Pratap Singh,<br />

Director, CBI<br />

DELIVERING the D.P. Kohli Memorial<br />

Lecture on "Counter-Terrorism and<br />

Police Legitimacy" Lord Ian Blair,<br />

Former Commissioner <strong>of</strong> Metropolitan<br />

Police, London (Scotland Yard), said<br />

the world is struggling to contain a<br />

monster called terrorism, in a new<br />

and terrible guise. He opined that the<br />

challenge is that the effort to overcome<br />

terrorism should not threaten the very<br />

legitimacy <strong>of</strong> agencies involved in the<br />

struggle.<br />

Lord Blair said, the legitimacy <strong>of</strong> the<br />

police in dealing with terrorism is not<br />

based solely on adherence to laws, but<br />

on a delicate balance between police<br />

behaviour and public expectations.<br />

He said police legitimacy is nourished<br />

by conformity to rules, procedures<br />

and justifiability <strong>of</strong> the rules in terms<br />

<strong>of</strong> shared beliefs between police and<br />

the public. Recounting his experience<br />

Union Minister <strong>of</strong> State for Personnel<br />

& Public Grievances Shri V.<br />

Narayanasamy said that the excellence<br />

and credibility, associated with the<br />

CBI, are the outcome <strong>of</strong> the systems<br />

and procedures established over the<br />

decades. He said it is appropriate<br />

that the values and ideals <strong>of</strong> late Shri<br />

D.P. Kohli are recollected every year.<br />

Shri Narayanasamy said one <strong>of</strong> the<br />

most important reasons behind the<br />

glorious success stories <strong>of</strong> the CBI is<br />

the tradition <strong>of</strong> its team-work, backed<br />

by painstaking work <strong>of</strong> each member<br />

<strong>of</strong> this team. He said that the terrorism<br />

must be condemned and countered,<br />

and this will have to be done keeping<br />

in mind all provisions <strong>of</strong> law and by<br />

observing human rights. He said it is<br />

only by way <strong>of</strong> strictly observing the<br />

Rule <strong>of</strong> Law that will give legitimacy<br />

to police and other counter-terrorism<br />

agencies. Quoting Mahatma Gandhi,<br />

the Minister said, "In fighting this just<br />

war, we must use means that are<br />

righteous and which are in conformity<br />

with our Constitution". He advocated<br />

the concept <strong>of</strong> community policing<br />

in fighting crime and terrorism.<br />

Shri Narayanasamy said that police<br />

should expend significant resources<br />

in communicating with public and<br />

their communication must always<br />

be sincere, honest, clear, consistent<br />

and reliable. Any information gap,<br />

he said is usually filled by unverified<br />

reports, false leakage to the Media and<br />

CBI Bulletin April - June 20113


umours from unscrupulous elements<br />

<strong>of</strong> the society.<br />

Addressing the gathering, Director,<br />

CBI Shri Amar Pratap Singh advocated<br />

a campaign by society against<br />

corruption. Mr Singh said, the fight<br />

against corruption should start at<br />

school. Referring to the demand for<br />

a comprehensive Lokpal Bill, he said<br />

it would be an autonomous body to<br />

tackle corruption at the highest level.<br />

Shri Amar Pratap Singh said that the<br />

CBI has investigated a number <strong>of</strong> cases<br />

that challenge the legitimacy <strong>of</strong> police<br />

action against alleged terrorists. He<br />

referred to the recent Supreme Court<br />

judgement that fake counter killings<br />

are in the category <strong>of</strong> 'rarest <strong>of</strong> rare'<br />

and policemen found involved in such<br />

killings must be given death sentence.<br />

Director, CBI said police legitimacy<br />

is upheld only when terrorists are<br />

countered within the Rule <strong>of</strong> Law and<br />

in accordance with the oath which<br />

each policeman takes and upholds<br />

under all circumstances.<br />

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<br />

Union Minister <strong>of</strong> State for Personnel & Public Grievances Shri V. Narayanasamy<br />

gave away Police Medals on this occasion. The awardees were :<br />

Shri Zaki Ahmed, IPS, the then DIG, CBI, SC-III, Delhi;<br />

Dr. (Ms.) Neeraja Gotru, IPS, DIG, CBI, SC-III, Delhi;<br />

Shri Rakesh Aggarwal, IPS, DIG, CBI, AC-I, Delhi;<br />

Shri Anurag, IPS, DIG, CBI, SU, Delhi;<br />

Shri Mahesh Kumar Aggarwal, IPS, DIG, CBI, ACB, Chandigarh;<br />

Shri Sujeet Pandey, IPS, DIG, CBI Academy, Ghaziabad;<br />

Shri S.J.M. Gillani, IPS, DD (A), CBI HQ, Delhi;<br />

Shri Heimonlang Nongpluh, IPS, DIG, CBI, ACB, Guwahati;<br />

Shri N.M. Singh, Sr. SP, CBI, SCB, Kolkata;<br />

Shri Hari Singh Gurawaria, ASP, CBI, SC-III, Delhi;<br />

Shri Ghanshyam Rai, ASP, CBI, ACB, Lucknow;<br />

Shri S.S. Kishore, ASP, CBI, SC-III, Delhi;<br />

Shri Harish Chander Sharma, ASP, CBI, AC-III, Delhi;<br />

Shri Prashant Kumar Pande, ASP, CBI, ACB, Bhubaneswar;<br />

Shri Sushil Prasad Singh, DSP, CBI, ACB, Pune;<br />

Shri S.K. Sareen, DSP, CBI, BS&FC, Mumbai;<br />

Shri Kalaimani Gopalan, DSP, CBI, SCB, Mumbai;<br />

Shri Sandip Ghosh, DSP, CBI, IPCC, Delhi;<br />

Shri N.R. Nair, the then Inspector, CBI, ACB, Chennai;<br />

Smt. Suresh Balyan Kumar, the then Inspector, CBI, ACB, Mumbai;<br />

Smt. Shama Maruf, Inspector, CBI, ACB, Dehradun;<br />

Shri Roshan Lal Yadav, Inspector, CBI, ACB, Chandigarh;<br />

Shri Ravinder Kumar, Inspector, CBI, AC-III, Delhi;<br />

Shri Manak Chand, Inspector, CBI, ACU-IV, Delhi;<br />

Shri Kumaresan Krishnaswamy, Inspector, CBI, EOW, Chennai;<br />

Shri Raj Rattan, Sub-Inspector, CBI, SU, Delhi;<br />

Shri Ashok Kumar Sharma, the then Sub-Inspector, CBI, AC-III, Delhi;<br />

Shri Sambhu Nath Das, Sub-Inspector, CBI, SCB, Kolkata;<br />

Shri S. Padmanathan, Sub-Inspector, CBI, ACB, Chennai;<br />

Shri Bansi Dhar Tiwari, ASI, CBI, Interpol, Delhi;<br />

Shri Dilbagh Khatri, Head Constable, CBI, EOU-I, Delhi;<br />

Shri Rewel Singh, Head Constable, CBI, SU, Delhi;<br />

Shri Harpal Singh, Head Constable, CBI HQ, Delhi;<br />

Shri Pan Singh Bisht, Head Constable, CBI, EO-II, Delhi;<br />

Shri S.K. Karmakar, Constable, CBI, BS&FC, Kolkata;<br />

Shri K. Abdul Rasheed, Constable, CBI, SCB, Chennai;<br />

Shri S. Ravi, Constable, CBI, SCB, Chennai; and<br />

Shri Om Prakash Bishnoi, Constable, CBI HQ, Delhi.<br />

4 CBI Bulletin April - June 2011


The Future <strong>of</strong> Policing Challenges:<br />

Technology (In) Crimes<br />

PRATAP REDDY, IPS*<br />

INTRODUCTION<br />

USE <strong>of</strong> technology is increasingly<br />

becoming inseparable part <strong>of</strong> Crimes<br />

and the Criminals as such, Policing<br />

as a pr<strong>of</strong>ession cannot remain alo<strong>of</strong><br />

to the technology evolution because<br />

<strong>of</strong> its impact on the day-to-day lives<br />

<strong>of</strong> victims <strong>of</strong> crime. From innocuous<br />

looking text messages on the mobiles<br />

enticing gullible and greedy persons<br />

with promises <strong>of</strong> millions to the<br />

sophisticated bots and network<br />

compromises that were seen in the<br />

incidents <strong>of</strong> the play station network<br />

<strong>of</strong> Sony and the Citibank Card Frauds<br />

recently – the spectrum <strong>of</strong> crimes<br />

involving use <strong>of</strong> technology is only<br />

growing. The ever-increasing role <strong>of</strong> the<br />

Information Technology touching the<br />

lives <strong>of</strong> every citizen in India through<br />

the various e-Governance initiatives<br />

is bringing even ordinary citizens onto<br />

the information highway and thereby<br />

exposing them to the potential risks<br />

associated with the cyberspace. Indian<br />

economy has been served exceptionally<br />

well by the growing Information<br />

Technology Industry and the risks<br />

on the information superhighway if<br />

not addressed, have the potential to<br />

seriously dent the Indian growth story.<br />

The onerous burden <strong>of</strong> not only dealing<br />

with ordinary crimes to sophisticated<br />

crimes, but also ensuring the safety<br />

on the information super highway<br />

by providing the needed response<br />

and, remedy lies at the doorsteps<br />

<strong>of</strong> pr<strong>of</strong>essional Law Enforcement<br />

Agencies. 1<br />

LEGISLATION AND<br />

APPARATUS TO DEAL<br />

WITH CYBER CRIME IN<br />

INDIA<br />

Enactment <strong>of</strong> the Indian Information<br />

Technology Act, 2000 and the<br />

establishment <strong>of</strong> the first Cyber<br />

Crime Police Station at Bangalore<br />

in 2001 signaled the will <strong>of</strong> the<br />

Indian Government and Indian Law<br />

Enforcement Agencies resolve to<br />

tackle the technology crimes in a more<br />

focused way. Since then, almost every<br />

State has created a dedicated Cyber<br />

Crime Police Station and/or Cyber<br />

Crime Cells. The CBI took the initiative<br />

to establish the country's most wellequipped<br />

Cyber and High-tech Crime<br />

<strong>Investigation</strong> and Training Centre<br />

(CHCIT) with the assistance <strong>of</strong> the<br />

Department <strong>of</strong> Information Technology<br />

(DIT), Government <strong>of</strong> India. The<br />

rapid growth and sophistication <strong>of</strong><br />

technologies during the last decade<br />

alone, has led to increasingly newer<br />

types <strong>of</strong> crimes, so far unknown being<br />

reported. The realization that some<br />

important elements were missing in the<br />

I.T. Act, 2000 and the emerging nature<br />

<strong>of</strong> Cyber Crime demanded a substantial<br />

overhaul <strong>of</strong> the I.T. Act, 2000. This<br />

has culminated in the Information<br />

Technology (Amendment) Act, 2008<br />

covering various issues that emerged<br />

with the increased proliferation <strong>of</strong><br />

technology and tools and India's<br />

willingness and preparedness to legally<br />

deal with these emerging challenges <strong>of</strong><br />

technology was amply demonstrated<br />

with the amendment <strong>of</strong> the I.T. Act,<br />

2000 within less than a decade. The<br />

senior police leadership has been<br />

focusing its attention on the capacity<br />

building within Law Enforcement<br />

Departments to deal with technology<br />

crimes with the introduction <strong>of</strong><br />

Cyber Crime modules as part <strong>of</strong> law<br />

enforcement trainings across India.<br />

Public Private Partnerships (PPPs)<br />

like the NASSCOM-DSCI2 Cyber<br />

Security Initiative has been working<br />

with various State Police Departments<br />

through its network <strong>of</strong> Cyber Labs<br />

and is providing training to the Law<br />

Enforcement Officers and other<br />

Government <strong>of</strong>ficials in the areas <strong>of</strong><br />

Cyber Crime <strong>Investigation</strong>s and Cyber<br />

Forensics. Over 8,000 Police personnel<br />

and Prosecution personnel have been<br />

trained at these Cyber Labs.<br />

Despite the efforts from Governments<br />

and Law Enforcement Agencies in<br />

India, there is a huge and unmet need<br />

to build broad-based and specialized<br />

skills among the Law Enforcement<br />

Agencies to tackle the threats posed<br />

by technology crimes.<br />

ISSUES AND CHALLENGES<br />

IN DEALING WITH CYBER<br />

CRIMES<br />

Under-reporting <strong>of</strong> Crimes:<br />

There is a general lack <strong>of</strong> appreciation<br />

at the cutting-edge level Investigators<br />

on the issues arising out <strong>of</strong> Cyber<br />

1<br />

The words 'Technology Crimes' and 'Cyber Crimes' have been used interchangeably in this acrticle.<br />

CBI Bulletin April - June 20115


Crime and the provisions <strong>of</strong> the Indian<br />

Information Technology Amendment<br />

Act, 2008. In the absence <strong>of</strong> the<br />

wherewithal to investigate technology<br />

crimes, a certain tendency is being<br />

seen, wherein the <strong>of</strong>ficers either find it<br />

easier to file the cases simply under the<br />

conventional IPC categories without<br />

invoking the Information Technology<br />

Amendment Act, 2008 or dodge the<br />

registration <strong>of</strong> the crime. Either way,<br />

this is leading to under-reporting <strong>of</strong><br />

technology crimes.<br />

In crimes involving individual victims,<br />

a large number <strong>of</strong> online victims<br />

(generally women) <strong>of</strong> obscenity,<br />

threat, etc., are approaching the Law<br />

Enforcement Authorities for resolution<br />

<strong>of</strong> their grievances and do not wish to<br />

pursue their cases in a Court <strong>of</strong> Law for<br />

fear <strong>of</strong> loss <strong>of</strong> reputation and honour.<br />

Similarly, number <strong>of</strong> individuals,<br />

largely well educated and, people in<br />

high positions, who have fallen victims<br />

to the online frauds (popularly known<br />

as Nigerian Frauds), in majority <strong>of</strong> the<br />

cases do not want to pursue criminal<br />

investigations due to the fear <strong>of</strong><br />

ridicule and they too want amicable<br />

resolution.<br />

The I.T. Industry, <strong>of</strong> late, has started<br />

seeing increasing number <strong>of</strong> crimes<br />

committed by insiders and also by<br />

external organized criminals. While the<br />

industry with its vast internal technical<br />

resources deals with the incidents in a<br />

very serious way, are wary <strong>of</strong> making<br />

public many incidents by reporting<br />

them to law enforcement due to the<br />

concerns <strong>of</strong> enterprise reputational<br />

risks.<br />

Finally, the concerns <strong>of</strong> the enterprises<br />

in the ability <strong>of</strong> the Law Enforcement<br />

Agencies to investigate technically<br />

complex cases and subsequently, the<br />

long time taken for completion <strong>of</strong><br />

trail in Criminal Courts are important<br />

factors discouraging the companies<br />

from reporting the Cyber Crime seen<br />

in their enterprises.<br />

TECHOLOGY-RELATED<br />

CHALLENGES<br />

Internet and the related communication<br />

technologies that evolved over a<br />

period <strong>of</strong> time, were primarily aimed at<br />

enhancing the operational efficiencies<br />

<strong>of</strong> the business enterprises and<br />

subsequently, extended to make the<br />

lives <strong>of</strong> the common citizens seamless<br />

and connected. Vulnerabilities <strong>of</strong> the<br />

networks, systems and various devices<br />

started attracting the attention <strong>of</strong> the<br />

organized criminals and, the ordinary<br />

criminals alike due to easy access and<br />

near anonymity <strong>of</strong> the criminal in<br />

the cyberspace and finally, the ease<br />

<strong>of</strong> launching criminal attack from<br />

anywhere in the world, without any<br />

national geographical restrictions. The<br />

ubiquitous nature <strong>of</strong> the hand-held<br />

devices and their interoperability over<br />

vast networks has added an additional<br />

dimension to the threats from<br />

cyberspace. The retr<strong>of</strong>itting <strong>of</strong> security<br />

technologies and the forensic tools<br />

to dissect and unravel the criminal<br />

acts are complex, not easily available<br />

and, above all, are expensive. The<br />

technology-related issues have made<br />

the job <strong>of</strong> the law enforcement more<br />

complex in investigating technology<br />

crimes. Law Enforcement Agencies<br />

are further handicapped by the lack <strong>of</strong><br />

technical skills among the Investigators<br />

in understanding emerging technologies<br />

and the tools needed for forensically<br />

extracting the needed evidences.<br />

LEGAL AND<br />

JURISDICTIONAL<br />

CHALLENGES<br />

In the conventional <strong>of</strong>fences scenario,<br />

the victim and the perpetrator have<br />

some physical and proximate contact<br />

and this allows the Law Enforcement<br />

Agencies to conclusively connect<br />

the criminal to the crime. However,<br />

in Cyber Crimes, the victim and the<br />

perpetrator need not be physically in<br />

contact and, in fact, they can be located<br />

in two or more geographically distant<br />

locations (<strong>of</strong>ten different countries).<br />

This leads to issues <strong>of</strong> jurisdiction and<br />

compatibility <strong>of</strong> legislations to proceed<br />

against the criminals and finally,<br />

becomes a huge task for the Law<br />

Enforcement Agencies to connect the<br />

perpetrator to the crime. The present<br />

level <strong>of</strong> international cooperation is<br />

not able to effectively deal with transborder<br />

crimes like Cyber Crimes.<br />

NEED FOR A NATIONAL<br />

ACTION PLAN<br />

Keeping in mind the challenges<br />

identified, there is an urgent need to<br />

come up with a National Action Plan<br />

for addressing the challenges posed<br />

by technology crimes. The following<br />

measures will help us address the<br />

issues:<br />

Build Cyber and High-tech Crime<br />

investigations infrastructure with latest<br />

technology and tools, across various<br />

Law Enforcement Agencies in India.<br />

Efforts like the CHCIT <strong>of</strong> CBI and<br />

the CCPS <strong>of</strong> Bangalore needs to be<br />

replicated across India to focus on the<br />

investigations <strong>of</strong> Cyber and High-tech<br />

Crimes.<br />

Make sustained efforts to build<br />

technical skills among the identified<br />

Investigators by imparting them<br />

advanced trainings in Cyber Crime<br />

investigations and Cyber Forensics.<br />

Work on a general plan to create<br />

widespread awareness among the Law<br />

Enforcement Personnel to appreciate<br />

the importance <strong>of</strong> digital evidences,<br />

which have become common feature<br />

even in most <strong>of</strong> the conventional<br />

crimes. This will promote reliance on<br />

scientific evidences rather than bruteforce<br />

investigation methods. The<br />

increasing awareness will also lead to<br />

greater number <strong>of</strong> technology crimes<br />

getting registered at the Police Station<br />

level and thereby solving the problems<br />

<strong>of</strong> under reporting / non-registration <strong>of</strong><br />

technology crimes.<br />

6 CBI Bulletin April - June 2011


Build advanced Cyber Forensics<br />

expertise among the personnel <strong>of</strong><br />

Forensics Sciences Laboratories to<br />

help Investigators to deal with complex<br />

technology crimes.<br />

Work with the Prosecution and<br />

Judiciary to build awareness on the<br />

digital evidences and Cyber Forensics<br />

to enable them to appreciate the<br />

tools and technologies used by the<br />

criminals and the forensics used by the<br />

Investigators.<br />

Overcome the lack <strong>of</strong> internal capacities<br />

among Government agencies and the<br />

Law Enforcement Agencies to deal<br />

with the emerging and fast-paced<br />

changes in technologies by working<br />

with the industry and academia. Such<br />

collaborations will allow the agencies<br />

to avail <strong>of</strong> the services <strong>of</strong> the experts<br />

and advanced tools for technology<br />

crimes resolution.<br />

Enhance collaborations with various<br />

international bodies (Government<br />

bodies, industry and for pr<strong>of</strong>it/not for<br />

pr<strong>of</strong>it bodies) working in the areas <strong>of</strong><br />

enhancing Cyber Security and Cyber<br />

Crimes prevention, so as to bring in<br />

increased cooperation in investigations<br />

<strong>of</strong> Cyber Crimes.<br />

CONCLUSION<br />

The challenges to deal with Cyber Crime are enormous. However, we in India are<br />

uniquely positioned to address the challenges by leveraging –<br />

(a) The vast number <strong>of</strong> technically qualified personnel within the Police Departments,<br />

who can be made future ready to tackle Cyber Crime with appropriate capacitybuilding;<br />

(b) A contemporary legislation dealing comprehensively with various technology-related<br />

crimes; and<br />

(c) A huge and world renowned I.T. Industry with advanced technical expertise in all<br />

emerging areas <strong>of</strong> Information Technology and Communications. It is up to the<br />

Indian Law Enforcement Agencies and its leaders, to leverage these opportunities to<br />

fight the menace <strong>of</strong> Cyber Crimes competently and effectively.<br />

2<br />

NASSCOM (National Association <strong>of</strong> S<strong>of</strong>tware and Service Companies) and DSCI (Data Security Council <strong>of</strong> India).<br />

*<br />

The author is Senior Director, Cyber Security, NASSCOM<br />

CBI Bulletin April - June 20117


Forensic Auditing<br />

J.L. NEGI, GM, RBI, CBI HO, New Delhi.<br />

INTRODUCTION<br />

‘FRAUD’ refers to an intentional act<br />

by one or more individuals among<br />

management, those charged with<br />

governance, employees or third parties<br />

involving the use <strong>of</strong> deception to<br />

obtain an unjust or illegal advantage.<br />

Fraudulent financial reporting<br />

involves intentional misstatements,<br />

in any one or more ways as stated<br />

as deception such as manipulation,<br />

falsification or alteration <strong>of</strong> accounting<br />

records or supporting documents,<br />

misrepresentation in or intentional<br />

omission from the financial statements,<br />

significant events, transactions or<br />

other information, intentional,<br />

misapplication <strong>of</strong> accounting principles<br />

relating to measurement, recognition,<br />

classification, presentation, or<br />

disclosure <strong>of</strong> material transactions.<br />

Accounts may be falsified to conceal<br />

absolute theft <strong>of</strong> money or money’s<br />

value and true results <strong>of</strong> operations<br />

or financial position <strong>of</strong> the entity with<br />

a view to prevent timely detection <strong>of</strong><br />

frauds. Detection <strong>of</strong> fraud is necessary<br />

to book the fraudster. There are many<br />

methods by which fraud can be<br />

detected and investigated and one <strong>of</strong><br />

such method is forensic auditing.<br />

For any entity, the biggest challenge<br />

is to prevent leakages and fraudulent<br />

activities present in the system. Placing<br />

the internal controls in place, having<br />

proper internal and forensic auditing<br />

strategies should form a significant part<br />

<strong>of</strong> the Implementation Guidelines.<br />

Major accounting scandals involving<br />

Enron, Worldtel, Parmalat and Satyam<br />

have been widely reported. In all these<br />

cases, the methods and purpose <strong>of</strong><br />

manipulations in financial statements<br />

were peculiar to the motives <strong>of</strong> such<br />

manipulations. Such frauds were<br />

successfully investigated with the aid<br />

<strong>of</strong> forensic auditing.<br />

The objective <strong>of</strong> forensic audit is to<br />

find whether or not a fraud has taken<br />

place. Forensic auditor shall have to<br />

examine voluminous records and<br />

witnesses, if permitted by law. Proper<br />

documentation is vital in substantiating<br />

the findings. The auditors need to have<br />

a fair knowledge <strong>of</strong> entity’s business and<br />

legal environment. They should also<br />

have awareness <strong>of</strong> computer-assisted<br />

audit procedure for carrying out proper<br />

forensic audit. The forensic audit also<br />

requires an innovative approach from<br />

the auditors, so that they are able to<br />

outsmart the fraudster.<br />

DEFINITION<br />

Forensic auditing is examination<br />

<strong>of</strong> an organization’s or individual’s<br />

economic affairs, resulting in a report<br />

designed especially for use in a Court<br />

<strong>of</strong> Law. Forensic audit is similar to the<br />

tax audit. Both strive to establish a<br />

comprehensive picture <strong>of</strong> an entity’s<br />

finance (assets, liabilities, total income,<br />

and cash flow). However, while a tax<br />

audit is intended to determine the<br />

true size <strong>of</strong> one’s tax liability, forensic<br />

audit can have several goals, including<br />

mapping cash flow/cash transactions,<br />

indentifying accounting errors and<br />

enumerating total assets. Forensic<br />

auditing involves examination <strong>of</strong><br />

legalities and financial audits. The<br />

objective is to find out whether or not<br />

true business value has been reflected<br />

in the financial statement and in the<br />

course <strong>of</strong> examination to find whether<br />

any fraud has taken place.<br />

The term ‘forensic audit’ has not<br />

been clearly defined anywhere.<br />

However, the object is to relate the<br />

findings <strong>of</strong> audit by gathering legally<br />

tenable evidence and in doing so, the<br />

corporate veil can be lifted (in case<br />

<strong>of</strong> corporate entities) to indentify the<br />

fraud and the persons responsible for<br />

it (a criminal <strong>of</strong>fence).<br />

A forensic auditor is supposed to<br />

have expertise in one or more <strong>of</strong><br />

relevant disciplines like auditing, fraud<br />

examination, accounting, law, and<br />

computer technologies apart from the<br />

investigative skills to collect, analyze<br />

and evaluate evidential matter and<br />

to interpret and communicate the<br />

observations and findings. Forensic<br />

audits are used whenever Law<br />

Enforcement Agencies need reliable<br />

data on parties’ financial status or<br />

activities.<br />

ELEMENTS OF FORENSIC<br />

AUDITING AND AREAS OF<br />

APPLICATION<br />

Forensic auditors begin by taking<br />

all the accounts, inventories, assets,<br />

capital and other economic elements<br />

and determining how they should<br />

work together. To use an example, if<br />

an auditor sees that a business grosses<br />

Rs. 10 crore a year, he assumes that the<br />

pr<strong>of</strong>its, cash, new capital, inventories,<br />

payroll, rent and other costs add<br />

up to Rs. 10 crore. He looks at the<br />

pr<strong>of</strong>its, cash, etc., and checks how<br />

they ought to interact (e.g. in some<br />

cases, an systemic overlap between<br />

certain values, which the accountant<br />

would make note <strong>of</strong> so as not to<br />

overcount. Once he has collected all<br />

<strong>of</strong> the elements (as well as caveats) he<br />

8 CBI Bulletin April - June 2011


would establish an ideal model as to<br />

how each side <strong>of</strong> the balance sheet<br />

should read. Auditing for fraud is as<br />

much <strong>of</strong> an intuitive process as it is a<br />

formal, analytic methodology. It is as<br />

much <strong>of</strong> an art as it is a science. Skill<br />

depends on the right mind-set (like<br />

thinking like a fraudster, keen eye to<br />

look at weaknesses in controls) and<br />

practice. The requirement is not just<br />

to master the techniques <strong>of</strong> forensic<br />

audit but also to have the required<br />

mental disposition <strong>of</strong> doggedness and<br />

persistence. There is a rising trend <strong>of</strong><br />

frauds involving small amounts, so that<br />

these do not get highlighted easily.<br />

The truth is that today is an age <strong>of</strong><br />

complexity where new technological<br />

developments have spurred<br />

developments in so many walks <strong>of</strong> life<br />

and subject areas. Concentrating on the<br />

financial system, the financial system<br />

infrastructure is mainly dependent<br />

on the technology backbone. New<br />

types <strong>of</strong> products including derivatives<br />

and various delivery channels are<br />

simply impossible to design, build<br />

and implement without availability <strong>of</strong><br />

computing technologies.<br />

Product innovation and their<br />

complexities in globalized and<br />

competitive world have created a<br />

plethora <strong>of</strong> accounting rules and<br />

other regulations impacting the way<br />

transactions are stored, recorded and<br />

valued. This milieu has led to increased<br />

susceptibility to mask fraudulent<br />

activities.<br />

The penetration <strong>of</strong> technology has led<br />

to a situation that clear trail <strong>of</strong> a financial<br />

transaction can be made possible only<br />

after drilling through several layers <strong>of</strong><br />

technologies in addition to the human<br />

component. Forensic accounting<br />

methodologies is imperative to fully<br />

decrypt and decipher the mechanics<br />

<strong>of</strong> the complex financial transaction<br />

and conclude about the presence<br />

<strong>of</strong> a fraud and to present the case in<br />

manner amenable and acceptable in a<br />

Court <strong>of</strong> Law.<br />

Facing a rising volume <strong>of</strong> frauds and<br />

involvement <strong>of</strong> the employees in a<br />

large number <strong>of</strong> cases, the country’s<br />

financial system has geared up to use<br />

IT-enabled forensic audit system to<br />

counter it. More and more corporates<br />

are making attempts to use IT-enabled<br />

solutions for proactive data analysis.<br />

But use <strong>of</strong> IT in fraud detection is<br />

still in the nascent stage. Despite<br />

advancement in IT, most frauds are<br />

still being detected through internal<br />

audits, regulatory inspections, surprise<br />

visits by vigilance team and complaints<br />

received from public.<br />

INTEGRATION OF<br />

FORENSIC AUDITING<br />

WITH REGULAR<br />

INVESTIGATION<br />

In India, there are agencies which are<br />

responsible for investigating fraud and<br />

corruption. To make their effectiveness<br />

better, there is a need to integrate<br />

forensic auditing with the traditional<br />

tools used by the investigating<br />

agencies. The forensic auditing can<br />

provide preliminary data upon which<br />

these investigating agencies can<br />

base their investigations. The formal<br />

wedding between forensic auditing<br />

and investigating agencies can go a<br />

long way in preventing frauds. Fraud<br />

investigation requires competence in<br />

forensic audit and also technical and<br />

transactional expertise.<br />

Normal Audit Vs. Forensic<br />

Audit<br />

It is essential that differences between<br />

the normal audit and forensic auditing<br />

are clearly understood and appreciated.<br />

The questions the forensic auditor<br />

has uppermost in mind are not how<br />

an accounting system and internal<br />

controls stack up against applicable<br />

standards, but rather to understand<br />

and analyze;<br />

Where are the weakest links in<br />

the system’s chain <strong>of</strong> controls?<br />

What deviations from<br />

conventional good accounting<br />

practices and/or rules or<br />

guidelines are possible in the<br />

system?<br />

How are <strong>of</strong>f-line transaction<br />

handled?<br />

Who can authorize such<br />

transactions?<br />

What would be the simplest way<br />

to compromise this system?<br />

What control features in the<br />

system can be by passed by<br />

higher authorities?<br />

What is the nature <strong>of</strong> the work<br />

environment and<br />

What are the provisions on<br />

manual intervention?<br />

Comparison between normal<br />

audit evidence and forensic audit<br />

evidence includes many aspects<br />

like documentation verses public<br />

document searches, inquiry verses<br />

interviewing, confirmation verses<br />

varied alternative sources, physical<br />

examination verses electronic<br />

laboratory analysis <strong>of</strong> evidence, reperformance<br />

verses detailed analysis <strong>of</strong><br />

electronic data and observation verses<br />

surveillance. Most <strong>of</strong> the corporate<br />

by statute are required to engage<br />

Statutory Auditors to audit the balance<br />

sheet. The auditors do the auditing<br />

<strong>of</strong> the financial statements on the<br />

basis <strong>of</strong> information provided by the<br />

management. They cannot do detailed<br />

auditing as mandate does not give the<br />

scope <strong>of</strong> such auditing. Moreover<br />

they do not do the investigative work.<br />

There are distinct differences between<br />

Statutory Audit and Forensic Audit<br />

which are as under:<br />

CBI Bulletin April - June 20119


Sl. No. Function Statutory Audit Forensic Audit<br />

1. Objective Express opinion as to ‘true & fair’<br />

presentation.<br />

2. Techniques ‘Substantive’ and ‘compliance’<br />

procedures.<br />

3. Period Normally, all transactions <strong>of</strong> the<br />

particular accounting period.<br />

4. Verification <strong>of</strong> stock, Relies on the management<br />

estimation <strong>of</strong> realizable value certificate/representation <strong>of</strong><br />

<strong>of</strong> current assets, provisions/ management.<br />

Liability estimation, etc.<br />

5. Off balance-sheet items (like<br />

contracts, etc.)<br />

Used to vouch the arithmetic<br />

accuracy & compliance with<br />

procedures.<br />

6. Adverse findings, if any Negative opinion or qualified<br />

opinion expressed, with/without<br />

quantification.<br />

Determine correctness <strong>of</strong> the accounts<br />

or whether any fraud has actually taken<br />

place.<br />

Analysis <strong>of</strong> past trend and substantive<br />

or ‘in depth’ checking <strong>of</strong> selected<br />

transactions.<br />

No such limitations. Accounts may be<br />

examined in detail from the beginning.<br />

Independent verification <strong>of</strong> suspected/<br />

selected items carried out.<br />

Regularity and propriety <strong>of</strong> these<br />

transactions/contracts are examined.<br />

Legal determination <strong>of</strong> fraud and naming<br />

persons behind such frauds.<br />

Pr<strong>of</strong>essional auditing standards have<br />

enjoined upon auditors to consider<br />

the risks <strong>of</strong> material misstatements<br />

due to a fraud. During the course <strong>of</strong><br />

an audit, evidence or information<br />

may come to the auditor’s attention<br />

that fraud may have occurred and<br />

the auditor maintains an obligation<br />

to perform sufficient audit work to<br />

obtain reasonable assurance that the<br />

financial statements are not materially<br />

misstated. In such a circumstance it<br />

may become necessary to involve a<br />

forensic specialist in order to obtain<br />

the appropriate level <strong>of</strong> assurance with<br />

respect to the financial statements.<br />

Propriety Audit v. Forensic Audit<br />

There is also difference between<br />

Propriety Audit and Forensic Auditing.<br />

The propriety audit is not complete<br />

in itself and it can be supplemented<br />

by forensic auditing. Propriety audit<br />

is conducted by Supreme Audit<br />

Institutions (SAI) to report on whether<br />

Government accounts, i.e., all<br />

expenditure sanctioned and incurred<br />

are need-based and all revenues due<br />

to Government have been realized in<br />

time and credited to the Government<br />

account. In conducting the propriety<br />

audit, “Value for Money audit”<br />

technique aims at lending assurance<br />

that economy, efficiency and<br />

efficacy have been achieved in the<br />

transactions for which expenditure has<br />

been incurred or revenue collected is<br />

usually applied. The same analogy,<br />

with modifications to the principles <strong>of</strong><br />

propriety <strong>of</strong> public finance, applies in<br />

forensic audit to establish fraudulent<br />

intentions if any, on the part <strong>of</strong> the<br />

management. Financial frauds results<br />

<strong>of</strong> wasteful, unwarranted and unfruitful<br />

expenditure or diversion <strong>of</strong> funds<br />

by the investigated entity to another<br />

entity.<br />

TECHNIQUES OF<br />

FORENSIC AUDITING<br />

One <strong>of</strong> the techniques is a case <strong>of</strong><br />

unintentional errors (mistakes) or<br />

fraud. The Benford’s law states that<br />

fabricated figures as indicators <strong>of</strong><br />

fraud possess a different pattern from<br />

random or valid figures. On detecting<br />

any such phenomenon, the variable<br />

is subjected to a detailed scrutiny.<br />

Relative Size Factor detects outliers<br />

or unusual data, which may be due<br />

to either simple errors or frauds based<br />

on the basic concept that each field<br />

in any transaction has a normal range<br />

and any data falling outside the range<br />

is unusual or an outlier and need to be<br />

further, investigated. There are many<br />

other techniques <strong>of</strong> forensic auditing.<br />

Two <strong>of</strong> the important techniques are<br />

discussed in this article.<br />

(a)<br />

Data Mining and Data Analysis<br />

Technique – Data mining can<br />

be used as a forensic auditing<br />

technique which involves use<br />

<strong>of</strong> computer-assisted technique<br />

to mine large volumes <strong>of</strong> data<br />

for new, hidden or unexpected<br />

information or patterns. Data<br />

mining techniques are categorized<br />

into Discovery, Predictive<br />

Modeling and Deviation and Link<br />

analysis. One <strong>of</strong> the best ways<br />

<strong>of</strong> addressing the challenge <strong>of</strong><br />

fraud, waste and abuse is through<br />

computer matching. Regarded<br />

as effective management tool,<br />

matching techniques can be<br />

used to examine extremely large<br />

amounts <strong>of</strong> computerized data<br />

10 CBI Bulletin April - June 2011


(b)<br />

quickly and cheaply. The ability<br />

to match computer data or in<br />

modern terms data mine has<br />

come a long way as evidenced<br />

in burgeoning forensic auditing<br />

field. Data analysis is, in fact, one<br />

<strong>of</strong> the most important techniques<br />

for any auditing leave alone the<br />

forensic auditing and it can help<br />

in giving audit a meaningful<br />

direction. Database can be<br />

used for generating meaningful<br />

information which can provide<br />

useful feed for auditors going<br />

to audit on the ground. The<br />

database generated by various<br />

filed units can be operated upon<br />

by some data mining s<strong>of</strong>tware,<br />

such as ACL (Audit Command<br />

Language) which will throw all<br />

the exceptions in a financial<br />

year. Similarly, various types <strong>of</strong><br />

exceptions can be generated both<br />

on the revenue and expenditure<br />

side. The analysis <strong>of</strong> data can give<br />

useful trends which can be used<br />

for analyzing control weaknesses<br />

and also for putting a proper<br />

control system in place.<br />

Critical Point Auditing Technique<br />

- Critical point auditing technique<br />

aims at filtering out the symptoms<br />

<strong>of</strong> fraud from regular and normal<br />

transactions in which they are<br />

mixed or concealed. For this<br />

purpose, financial statement,<br />

books, records, etc. are analyzed<br />

mainly to find out:<br />

(i) Trend-analysis by tabulating<br />

significant financial transactions;<br />

(ii)<br />

Unusual debits/credits in accounts<br />

normally closing to credit/debit<br />

balances respectively;<br />

(iii) Discrepancies in receivable<br />

or payable balances inventory<br />

as evidenced from the nonreconciliation<br />

between financial<br />

records and corresponding<br />

subsidiary records (like physical<br />

verification statement, priced<br />

stores lodgers, personal ledgers,<br />

etc.);<br />

(iv) Accumulation <strong>of</strong> debit balances in<br />

loosely controlled accounts (like<br />

deferred revenue expenditure<br />

accounts, mandatory spares<br />

account capitalized as addition<br />

to respective machinery item,<br />

etc.);<br />

(v) False credits to boost sales with<br />

corresponding debits to nonexistent<br />

(dummy) personal<br />

accounts;<br />

(vi) Cross debits and credits and<br />

inter-accounts transfers; and<br />

(vii) Weaknesses/inadequacies in<br />

internal control/check systems,<br />

liked delayed/non-preparation <strong>of</strong><br />

bank reconciliation statements,<br />

etc. Forensic auditing should<br />

focus on significant transactions.<br />

The critical point auditing<br />

technique emphasizes on<br />

trend analysis by tabulating<br />

significant financial transactions,<br />

detecting unusual debit and<br />

credit balances. The techniques<br />

also focuses on weaknesses/<br />

inadequacies in internal control/<br />

check system like delayed or non<br />

reconciliation <strong>of</strong> figures reported<br />

through accounts. The analysis<br />

<strong>of</strong> these can help in bringing out<br />

significant deviations. Besides,<br />

the techniques also emphasizes<br />

on finding out false debit or credit<br />

entries to detect frauds related<br />

with omission or commission.<br />

The Computer-Assisted Auditing<br />

Tools (CAATs) are used to deal<br />

with auditing in computerized<br />

environment for querying<br />

large datasets and to process<br />

complex transactions, thereby<br />

saving time and improving<br />

effectiveness. The tools help an<br />

auditor in implementing auditing<br />

procedures such as testing details<br />

<strong>of</strong> transactions and balances,<br />

identifying inconsistencies or<br />

significant fluctuations in the<br />

datasets being tested, testing<br />

general as well as application<br />

control <strong>of</strong> computer systems,<br />

re-performance <strong>of</strong> calculations<br />

performed by application or<br />

accounting systems among other<br />

areas.<br />

STEPS TO BE FOLLOWED<br />

IN FORENSIC AUDITING<br />

Certain steps would be required to<br />

establish a viable forensic auditing in<br />

unearthing the fraud;<br />

(1) Identify the Risks: The risk<br />

matrix needs to be established<br />

to identify the risk by doing<br />

analysis on distribution chain,<br />

level <strong>of</strong> awareness, absence <strong>of</strong><br />

a proper grievance mechanism,<br />

non integration <strong>of</strong> accounts, noncreation<br />

<strong>of</strong> asset created out <strong>of</strong> the<br />

fraud amount, lack <strong>of</strong> appropriate<br />

documentation, the structure<br />

<strong>of</strong> management information<br />

systems, the frequency <strong>of</strong> the<br />

irregularities, etc.<br />

(2) Determine how these risks can<br />

be exploited: Each <strong>of</strong> risks can<br />

lead to siphoning <strong>of</strong>f the money.<br />

The risk may be examined to<br />

establish integrity <strong>of</strong> the data<br />

and end-use <strong>of</strong> the funds. Each<br />

<strong>of</strong> the risks can be exploited and<br />

has got a potential for fraud and<br />

therefore, needs to be addressed<br />

carefully.<br />

(3) Availability <strong>of</strong> information: This<br />

is a significant aspect <strong>of</strong> forensic<br />

auditing. The form and content <strong>of</strong><br />

information has a direct bearing<br />

on any investigation. The auditors<br />

should be thoroughly familiar<br />

with the rules & regulations to<br />

identify the source <strong>of</strong> information<br />

and also to determine how it can<br />

be used for drawing inferences.<br />

The actual expenditure should<br />

be linked to asset created and<br />

CBI Bulletin April - June 201111


to compare it with some preestablished<br />

benchmarks. Getting<br />

hold <strong>of</strong> relevant information<br />

is very critical for any fraud<br />

investigation.<br />

(4) Develop Forensic Testing<br />

Protocols: This step would<br />

require a proper design <strong>of</strong><br />

forensic auditing protocols,<br />

such as sample size for data<br />

testing, fraud risk questionnaire,<br />

developing operations flow chart<br />

and analyzing various aspects <strong>of</strong><br />

those operations, developing a<br />

cause and effect relationship for<br />

various problems anticipated in<br />

the project etc. There are three<br />

phases to develop effective antifraud<br />

devices; assess, improve and<br />

monitor. A fraud risk assessment<br />

is a proactive step that can be<br />

taken to identify areas that pose a<br />

high risk <strong>of</strong> fraud. Once the risks<br />

are identified, a gap analysis can<br />

be completed and improvements<br />

can be recommended to mitigate<br />

the fraud risks, which can be<br />

subsequently monitored. The gap<br />

analysis and recommendations<br />

would typically be completed by<br />

a team separate from the team<br />

that will ultimately audit the<br />

improvements. A response plan<br />

should be put in place to ensure<br />

that there is a process to address<br />

any frauds that arise.<br />

(5) Perform data mining: Data<br />

analysis and data mining is the<br />

most important aspect <strong>of</strong> any<br />

forensic audit protocol. Thus,<br />

digitization <strong>of</strong> the ground data<br />

is quite significant for generating<br />

essential forensic auditing<br />

protocol. The use <strong>of</strong> data<br />

mining s<strong>of</strong>tware would imply<br />

that the entire database has<br />

been examined and the residual<br />

errors which are characteristic<br />

<strong>of</strong> any sampling plan would<br />

automatically be eliminated from<br />

the system.<br />

(6) Analyze the results <strong>of</strong> data<br />

mining: Analysis <strong>of</strong> results <strong>of</strong> data<br />

mining would be significant for<br />

drawing conclusions. Analytical<br />

procedures can use for analyzing<br />

results <strong>of</strong> data mining. These<br />

procedures include comparing<br />

the trends in the current year<br />

with last year’s trend, projection<br />

<strong>of</strong> trend in various quarters <strong>of</strong> the<br />

current financial year, analysis <strong>of</strong><br />

any abnormal variations in the<br />

trend, analysis <strong>of</strong> performance<br />

indicators. These analytical<br />

procedures can be applied on<br />

the data mined from the database<br />

to firm up conclusions regarding<br />

the operations. The analytical<br />

procedures help in proper<br />

interpretation <strong>of</strong> data.<br />

(7) Use the results <strong>of</strong> data mining:<br />

The results <strong>of</strong> data mining can<br />

be used where the likelihood<br />

<strong>of</strong> fraud is high and significant<br />

deviations are noted in data<br />

mining. This would help in saving<br />

a lot on the total audit resources<br />

required in conducting the actual<br />

audit at the field level as the audit<br />

teams will not be required to go<br />

to all the field locations.<br />

(8) Sharing experiences and best<br />

practices: Experience sharing<br />

and training would form a part <strong>of</strong><br />

Forensic Auditing protocol. The<br />

forensic auditing discipline needs<br />

to be cultivated further.<br />

PRESENT STATUS IN CBI<br />

Presently, CBI is investigating cases<br />

involving financial, economic and bank<br />

frauds and use <strong>of</strong> forensic auditing<br />

is seen. During the investigation, the<br />

evidences are gathered and presented<br />

before the Court <strong>of</strong> Law to prove<br />

the charged. The element <strong>of</strong> tracing<br />

<strong>of</strong> the funds out <strong>of</strong> the proceeds <strong>of</strong><br />

crime and attachment <strong>of</strong> property out<br />

<strong>of</strong> the proceeds <strong>of</strong> the crime is being<br />

attempted by CBI in some big cases<br />

investigated by it. In order to unearth<br />

the benefit <strong>of</strong> fraud derived out <strong>of</strong> the<br />

proceeds <strong>of</strong> the crime by the fraudsters,<br />

tracing <strong>of</strong> the funds is essential and<br />

with the help <strong>of</strong> experts, CBI is tracing<br />

the funds out <strong>of</strong> the fraud amount. The<br />

detailed investigation is undertaken<br />

to collect the route followed by the<br />

fraudsters in diversion <strong>of</strong> the funds,<br />

so that the assets acquired out <strong>of</strong> the<br />

proceeds <strong>of</strong> the crime can be traced.<br />

After tracing <strong>of</strong> the proceeds <strong>of</strong> the<br />

crime, attachment <strong>of</strong> such properties<br />

is attended to. The attachment <strong>of</strong><br />

the property can be made either<br />

under the provisions <strong>of</strong> Criminal law<br />

(Amendment) Ordinance, 1944 or<br />

under the provisions <strong>of</strong> Prevention<br />

<strong>of</strong> Money Laundering Act, 2002. In<br />

order to attach the property, credible<br />

documentary evidence is required<br />

which can be tested before the Court<br />

<strong>of</strong> Law to prove that property sought<br />

to be attached is acquired out <strong>of</strong> the<br />

proceeds <strong>of</strong> the crime. This can be<br />

made possible by wedding <strong>of</strong> time<br />

tested method <strong>of</strong> investigation with<br />

forensic auditing.<br />

The forensic auditing with the help <strong>of</strong><br />

computers has been extensively used<br />

in the case <strong>of</strong> Satyam Scam investigated<br />

by CBI. Certain sections <strong>of</strong> employees<br />

<strong>of</strong> the Satyam in connivance with<br />

MD and CMD have hidden the fake<br />

invoices in their systems by swapping<br />

the strings S (show) by H (hide) and<br />

H by S, thereby deceived the large<br />

majority <strong>of</strong> employees <strong>of</strong> the company<br />

who were the stakeowners. The<br />

modus operandi was unearthed by<br />

CBI by running a programme on the<br />

system by reversing the role <strong>of</strong> S and<br />

H, thereby the existence <strong>of</strong> 7651 fake<br />

invoices worth <strong>of</strong> Rs. 5118 crore was<br />

unearthed. This was doubly confirmed<br />

through the employees who were<br />

shown as executors <strong>of</strong> the projects<br />

and information obtained from the<br />

banks who did not receive cash from<br />

fake customers. The employees who<br />

did the manipulation and customers<br />

against whom fake sales were shown<br />

also confirmed the manipulation in<br />

12 CBI Bulletin April - June 2011


the records. The generation <strong>of</strong> invoices<br />

was retrieved from data mining,<br />

which runs into millions <strong>of</strong> records.<br />

The author <strong>of</strong> the fake invoices were<br />

detected through swipe card details<br />

especially where Machine No., ID No.<br />

were completely destroyed/eliminated<br />

and passwords were extensively<br />

compromised. Certain fake invoices<br />

to the extent <strong>of</strong> Rs. 430 crore was<br />

unearthed with the help <strong>of</strong> detailed<br />

audit trail tracing the e-mails which<br />

were created in India but masked<br />

as the mail originated overseas. On<br />

the basis <strong>of</strong> deceptive mails certain<br />

products were developed without the<br />

specifications <strong>of</strong> the customers and<br />

after booking <strong>of</strong> the revenue, products<br />

were not delivered to customers<br />

but were achieved. The author <strong>of</strong><br />

the mail was detected with the help<br />

<strong>of</strong> computer and service provider.<br />

The promoters <strong>of</strong> the company have<br />

diverted the money by floating 237<br />

front companies. The amount was<br />

layered in such a way to deceive the<br />

stakeholders. The layering <strong>of</strong> the funds<br />

was traced through detailed auditing<br />

which helped the investigating agency<br />

to present the credible evidence<br />

before the Court. 6,000 acres <strong>of</strong> land<br />

were purchased by the promoters out<br />

<strong>of</strong> the proceeds <strong>of</strong> the crime which<br />

were traced. Enforcement Directorate<br />

has already initiated action to attach<br />

the properties acquired after 1st<br />

July, 2005. The balance-sheet <strong>of</strong> the<br />

company was manipulated where<br />

loans taken from front companies and<br />

banks were not shown as liability in<br />

the balance sheet. The asset side was<br />

manipulated by showing equivalent<br />

amount <strong>of</strong> loans transferred from Bank<br />

<strong>of</strong> Baroda, New York against amount<br />

collected against fictitious sales.<br />

These fraudulent transactions were<br />

detected by preparing monthly cash<br />

flow statements as well as scrutiny <strong>of</strong><br />

vouchers.<br />

CBI is building capacity amongst its<br />

<strong>of</strong>ficers by way <strong>of</strong> training to equip<br />

them with tools and techniques <strong>of</strong><br />

forensic auditing for its extensive<br />

application in successful detection and<br />

prosecution <strong>of</strong> financial frauds.<br />

CONCLUSION<br />

Forensic auditing is a comprehensive auditing tool. Once it is completed, the<br />

organization’s key stakeholders should capitalize on the work by implementing<br />

controls to reduce the risk associated with the event identified as having material<br />

and significant ratings and being most likely to occur. The strength <strong>of</strong> current controls<br />

in place and whether they are preventive controls or detective controls are taken into<br />

consideration. Can the current controls be overridden or circumvented? Future audit<br />

programmes should include test on the design and implementation <strong>of</strong> these controls.<br />

If an event has been identified as inconsequential, forensic auditors may decide to<br />

take no action; even so, at least it would be documented and management would<br />

be aware <strong>of</strong> its existence. The forensic risk assessment is not the end <strong>of</strong> the process.<br />

Circumstances change constantly and some changes may trigger the need to revise<br />

the assessment. A fraud risk assessment process should be ongoing, dynamic and<br />

reflect the organization’s current business conditions. Forensic auditing combines<br />

legalities alongside the techniques <strong>of</strong> propriety (VFM audit), regularly, investigate and<br />

financial audits. The main aim is to find out whether or not true business value has<br />

been reflected in the financial statements and whether any fraud has taken place.<br />

In future, more and more organizations will be adopting forensic auditing tools to<br />

strengthen their systems and controls, given its inherent strength and advantages.<br />

CBI Bulletin April - June 201113


The Wave <strong>of</strong> Future...<br />

IN today’s computing world, it can<br />

<strong>of</strong>ten feel like we are drowning in<br />

wave after wave <strong>of</strong> new trends. Cloud<br />

Computing is one such big wave.<br />

EXPANDING CYBERSPACE<br />

In recent decades, “cyberspace”<br />

has grown phenomenally. An<br />

interconnected global digital<br />

infrastructure, cyberspace includes the<br />

Internet, computer systems, hardware,<br />

s<strong>of</strong>tware & services and digital<br />

information. Collectively, cyberspace<br />

has brought unprecedented economic<br />

growth, opportunity, and prosperity.<br />

It is the nervous system <strong>of</strong> today’s<br />

economy - most <strong>of</strong> our major economic<br />

institutions would not operate<br />

without it. It enables e-commerce,<br />

e-government, information-sharing<br />

and trade.<br />

Cyberspace also evolves quickly.<br />

Technologically, the connectivity,<br />

devices and uses <strong>of</strong> today - computing<br />

tablets, home networks, smart meters,<br />

cloud computing, social networks -<br />

have made the cyberspace <strong>of</strong> today<br />

radically different from that <strong>of</strong> five<br />

years ago. Demographically, young<br />

generations view social networking and<br />

online collaboration as parts <strong>of</strong> their<br />

daily lives. Geopolitically, cyberspace<br />

is expanding across borders, making<br />

the world smaller. Cyberspace will<br />

continue to evolve and change and<br />

its future is exciting and in many ways<br />

unpredictable.<br />

WHAT IS CLOUD<br />

COMPUTING?<br />

The term cloud computing “comes<br />

from the early days <strong>of</strong> the Internet<br />

where we drew the network as a<br />

cloud… we didn’t care where the<br />

messages went… the cloud hid it from<br />

us.” – Kevin Marks, Google<br />

While there has been much debate<br />

over what cloud computing means,<br />

in reality, the term is generic. Cloud<br />

computing is a future where companies<br />

won’t host their own infrastructure.<br />

It is a result <strong>of</strong> commoditization <strong>of</strong><br />

IT services. In other words, it’s a<br />

transition <strong>of</strong> a once-exciting and new<br />

activity (an innovation) i.e. internet<br />

into a more commonplace and<br />

standardized commodity. All business<br />

activities keep on moving on this path<br />

<strong>of</strong> innovation to commoditization. The<br />

perfect example for this is electricity or<br />

water services.<br />

Akansha Gupta*<br />

There was a time when every<br />

household, town, farm or village had<br />

its own water well. Today, shared<br />

public utilities give us access to clean<br />

water by simply turning on the tap;<br />

cloud computing works in a similar<br />

fashion. Just like water from the tap<br />

in our kitchen, cloud computing<br />

services can be turned on or <strong>of</strong>f<br />

quickly as needed. Like at the water<br />

company, there is a team <strong>of</strong> dedicated<br />

pr<strong>of</strong>essionals making sure the service<br />

provided is safe, secure and available<br />

on a 24/7 basis. When the tap isn't on,<br />

not only are we saving water, but we<br />

aren't paying for resources we don't<br />

currently need.<br />

In the term ‘Cloud Computing’, the<br />

word "cloud" is used as a metaphor<br />

for "the Internet," so the phrase "cloud<br />

computing" is used to mean a type<br />

<strong>of</strong> Internet-based computing, where<br />

services (such as servers, storage,<br />

applications and so on) are delivered<br />

14 CBI Bulletin April - June 2011


to an organization's computers and<br />

devices through the Internet as an ondemand<br />

service.<br />

CHARACTERSTICS OF<br />

CLOUD COMPUTING<br />

As per definition <strong>of</strong> ‘The National<br />

Institute <strong>of</strong> Standards and Technology<br />

(NIST)’, the cloud model promotes<br />

availability and is composed <strong>of</strong> five<br />

essential characteristics:<br />

On-demand self-service,<br />

Broad network access,<br />

Resource pooling,<br />

Rapid elasticity,<br />

Measured Service.<br />

Three service models:<br />

Cloud S<strong>of</strong>tware as a Service<br />

(SaaS),<br />

Cloud Platform as a Service<br />

(PaaS),<br />

Cloud Infrastructure as a Service<br />

(IaaS));<br />

and four deployment mode ls:<br />

Private cloud,<br />

Community cloud,<br />

Public cloud,<br />

Hybrid cloud.<br />

PROS AND CONS<br />

Over the past several years, cloud<br />

computing has begun to expand<br />

in the business community. One<br />

<strong>of</strong> its major advantages is that a<br />

business does not need to have any<br />

knowledge, expertise, or control <strong>of</strong><br />

the infrastructure. Obviously, this can<br />

become a huge cost savings for those<br />

businesses who utilize the services<br />

inherent with cloud computing.<br />

For instance, some services include<br />

online business applications that are<br />

accessible through any browser from<br />

any computer. The actual s<strong>of</strong>tware and<br />

data resides on servers external to the<br />

business itself. It is easy to understand<br />

how this becomes very attractive to<br />

businesses; they would not have to<br />

invest huge sums <strong>of</strong> money in s<strong>of</strong>tware<br />

and hardware. Since they do not own<br />

the host infrastructure, they only pay<br />

the provider for services and resources<br />

they consume.<br />

Although, cloud computing might<br />

appear attractive to a business, it is not<br />

without its own unique problems and<br />

concerns. Accessing a remote server to<br />

initiate an application via the Internet<br />

presents several obvious security risks.<br />

Storage <strong>of</strong> sensitive corporate data<br />

on a remote server raises concerns<br />

regarding the privacy and accessibility<br />

<strong>of</strong> that data by an unauthorized second<br />

party. The business or customer is not<br />

generally aware <strong>of</strong> the physical location<br />

<strong>of</strong> the data. Likewise, they may not<br />

be able to discern what policies/<br />

procedures are in place to recover<br />

data should a server crash or become<br />

compromised. Legal and regulatory<br />

requirements and compliances may<br />

be lacking in the location(s) where<br />

the data is actually stored. The longterm<br />

viability <strong>of</strong> the data itself and<br />

its availability could become a major<br />

issue should the provider no longer<br />

<strong>of</strong>fer the services due to bankruptcy,<br />

going out <strong>of</strong> business, or merging with<br />

another company.<br />

LAW ENFORCEMENT<br />

CONCERNS<br />

As one would expect, cloud<br />

computing raises some unique law<br />

enforcement concerns regarding the<br />

location <strong>of</strong> potential digital evidence,<br />

its preservation, and its subsequent<br />

forensic analysis. For instance, if a<br />

customer or business becomes the<br />

target <strong>of</strong> a criminal investigation,<br />

they could migrate their working<br />

environment to a cloud environment.<br />

This would provide a means for<br />

the business to continue its routine<br />

operations while the migrated<br />

environment is forensically analyzed.<br />

However, this is not without risk.<br />

The migrated data only represents a<br />

“snapshot” <strong>of</strong> when it was sent to the<br />

cloud. Since the data can be stored<br />

anywhere in the world, its dispersal<br />

could be to a location or country<br />

where privacy laws are not readily<br />

enforced or non-existent. Establishing<br />

a chain <strong>of</strong> custody for the data would<br />

CBI Bulletin April - June 201115


ecome difficult or impossible if its<br />

integrity and authenticity cannot<br />

be fully determined (where was it<br />

stored, who had access to view it,<br />

was there data leakage, commingling<br />

<strong>of</strong> data, etc.). There are also potential<br />

forensic issues when the customer or<br />

user exits a cloud application. Items<br />

subject to forensic analysis, such as<br />

registry entries, temporary files, and<br />

other artefacts (which are stored in<br />

the virtual environment) are lost,<br />

making malicious activity difficult to<br />

substantiate:<br />

“….with the huge amount <strong>of</strong> potential<br />

data flowing in and out <strong>of</strong> a cloud,<br />

how do you identify individual users<br />

<strong>of</strong> individual services provided by a<br />

transient host image, particularly when<br />

they make expert efforts to cover their<br />

tracks? And what if the owner <strong>of</strong> the<br />

image decides to engage in malicious<br />

behaviour, through the host server<br />

image, from a third IP address, and<br />

then claim someone must have stolen<br />

their password or key pair to the<br />

image”?<br />

Further forensic issues concern the<br />

potential effect the cloud services could<br />

have on the digital data itself and how<br />

the forensic examiner can explain, in<br />

a creditable manner, all these real and<br />

potential indiscretions to the court.<br />

Many forensic examiners recognize<br />

that “there is no foolpro<strong>of</strong>, universal<br />

method for extracting evidence in an<br />

admissible fashion from cloud-based<br />

applications”, and in some cases, very<br />

little evidence is available to extract.<br />

As such, cloud computing represents<br />

just one <strong>of</strong> the fast-paced technological<br />

developments that is presenting an<br />

ongoing challenge to legislators, law<br />

enforcement <strong>of</strong>ficials, and computer<br />

forensic analysts. Or stated another<br />

way, the challenge for forensic<br />

examiners and law enforcement is<br />

to determine the “who, what, when,<br />

where, how, and why” <strong>of</strong> cloud-based<br />

criminal activity.<br />

A new generation <strong>of</strong> e-discovery<br />

tools may help ease some <strong>of</strong> the pain<br />

associated with cloud forensics. And,<br />

we are likely to see the rise <strong>of</strong> a new<br />

class <strong>of</strong> pr<strong>of</strong>essionals specializing in<br />

Cloud Forensics in the years to come.<br />

REFERENCES<br />

(1) http:/www.csrc.nist.gov/<br />

(2) Cloud Security Alliance (2009). Security guidance for critical areas <strong>of</strong> focus in cloud computing V2.1.<br />

* Inspector, CBI Academy, Ghaziabad.<br />

16 CBI Bulletin April - June 2011


The Architecture <strong>of</strong> Cyber Security<br />

Col. DEBTORU CHATTERJEE*<br />

CYBER Security was born out <strong>of</strong> the<br />

need to protect message in transit<br />

between two computers (hosts) by<br />

converting the plain text message<br />

into cipher text through encryption<br />

via a device called crypto key which<br />

encrypts the message at the sender’s<br />

end, and decrypts the same message<br />

at the receiver’s end. It ensures the<br />

confidentiality <strong>of</strong> the message from<br />

peeping Toms, the authenticity <strong>of</strong> the<br />

message (message could have been<br />

written by no one other than the<br />

sender) and the integrity <strong>of</strong> the message<br />

by resistance to attempts to modify its<br />

contents. Commercial Crypto products<br />

generally are packed within or between<br />

three layers <strong>of</strong> commercial networking<br />

s<strong>of</strong>tware. The three broad networking<br />

s<strong>of</strong>twares are ; (a) Application<br />

s<strong>of</strong>tware like the World Wide Web,<br />

e-mail packages and File Transfer<br />

Protocol (FTP); the Network Protocol<br />

Stack layer comprising products and<br />

protocols like TCP/IP; and finally the<br />

bottom layer comprising peripheral<br />

devices like Ethernet or token ring.<br />

The Application s<strong>of</strong>tware which is<br />

the top most layer <strong>of</strong> the commercial<br />

networking s<strong>of</strong>tware interoperates with<br />

the Networks Protocol Stack through<br />

a cryptographic interface called the<br />

Security Socket Layer. The network<br />

s<strong>of</strong>tware which is installed into the<br />

host computer’s operating system in<br />

turn interacts with data link devices<br />

via a device driver. Typical data link<br />

devices are Broadband or Modems<br />

connected to tele lines, Asynchronous<br />

Transfer Mode (ATM) and Integrated<br />

Services Digital Network (ISDN).<br />

INTERNET TECHNOLOGY<br />

Internet Technology works on the<br />

principle <strong>of</strong> each routing host computer<br />

forwarding a data packet to the next<br />

closer network if the destination<br />

computer is not on an already directly<br />

attached network. When a host<br />

computer receives a data packet, the<br />

packet is directed at one <strong>of</strong> the host’s<br />

application (mentioned above) or else<br />

the data packet uses the host as a<br />

router and “hops” through the router<br />

on the way to its real destination. In<br />

the latter case, the Network Protocol<br />

Stack, i.e. TCP/IP s<strong>of</strong>tware redirects<br />

the data packet to the device driver<br />

(the data link mentioned as the third<br />

layer) and if the packet is destined<br />

for a local destination on the host it<br />

is passed upward to the application<br />

s<strong>of</strong>tware layer through the host’s<br />

transport s<strong>of</strong>tware.<br />

CYBER CRIMINALS<br />

The explosive growth <strong>of</strong> the internet<br />

has given rise however to four types<br />

<strong>of</strong> cyber criminals. The first is Shyam<br />

the Forger. His work is very easy if<br />

he can intercept unprotected plain<br />

text messages between two host<br />

computers. The second type <strong>of</strong><br />

criminal is Peeping Kasturi. If he has<br />

installed password sniffing s<strong>of</strong>tware<br />

into a major internet routing host or a<br />

server hosting a commercial website,<br />

that <strong>of</strong>fending s<strong>of</strong>tware can collect<br />

passwords <strong>of</strong> internet users that can<br />

give the <strong>of</strong>fender access to protected<br />

information. The third category <strong>of</strong> the<br />

cyber criminal is the Play-It-Again Tom,<br />

a criminal who intercepts messages<br />

<strong>of</strong> value and simply replays them to<br />

the recipients. For instance, he might<br />

intercept a “Pay Rs. 100/-“message<br />

from ‘X’ to ‘Y’ and replay it a few<br />

times yielding multiple unintended<br />

payments. The fourth type <strong>of</strong> criminal<br />

is Hari the Switcher who intercepts a<br />

message from ‘X’ to ‘Y’ and changes<br />

the amount from Rs. 100/- to Rs. 900/-<br />

before forwarding it to ‘Y’.<br />

To take care <strong>of</strong> these four basic<br />

types <strong>of</strong> Cyber Crimes, the following<br />

internet crypto techniques have<br />

been adopted and even codified by<br />

Law Enforcement Agencies <strong>of</strong> some<br />

Governments. The US Government,<br />

for instance, has codified their cyber<br />

communication security guidelines in<br />

a book called the Orange book. All<br />

cyber security solutions basically fall<br />

into the following broad categories:<br />

(i) Point-to-point-link encryption:<br />

This creates a fully isolated connection<br />

between two communicating<br />

computers by applying encryption to<br />

the data link. This yields the highest<br />

level <strong>of</strong> security as the host computer<br />

has no connections outside the site’s<br />

physical boundary except through<br />

an encryptor. The encryptor has two<br />

separate interfaces, one for plain text<br />

and one for cipher text. Each host<br />

computer data link is connected to<br />

the plain text port <strong>of</strong> the encryptor.<br />

Data entering through this plaintext<br />

interface is always encrypted and<br />

then sent out to the cipher text port<br />

<strong>of</strong> the encryptor which in turn is<br />

connected to the modem or bridge.<br />

CBI Bulletin April - June 201117


The safest arrangement provides that<br />

the encryptor cannot be bypassed<br />

in any manner thus ensuring that<br />

only encrypted data leaves the site.<br />

However, the encryption takes place<br />

outside the host’s computer while<br />

retaining compatibility with the existing<br />

applications.<br />

(ii) IP link encryption: This is similar to<br />

the point to point encryption except that<br />

while in link to link encryption, crypto<br />

is applied only to a pair <strong>of</strong> computers,<br />

in this case crypto techniques can be<br />

applied to a whole network <strong>of</strong> host<br />

computers who can have no access<br />

to another network except through an<br />

inline encryptor. However, the benefit<br />

<strong>of</strong> additional hosts is somewhat <strong>of</strong>fset<br />

by the ambiguity in the origination <strong>of</strong><br />

the messages due to more than one<br />

computer being linked to the same<br />

encryptor. Nonetheless, we can at least<br />

pinpoint that messages originated from<br />

people with authorized physical access<br />

to the network. At the destination site,<br />

an internet protocol router is placed<br />

between the host computer and the<br />

encryptor to guide the decrypted<br />

messages to the destination host and<br />

hence the IP routing data is decrypted<br />

by the encryptor at the destination<br />

site. The encryptor at the sender’s<br />

end encrypts all portions <strong>of</strong> the packet<br />

except the data link header <strong>of</strong> the<br />

destination site which remains in plain<br />

text. In the IP link encryption system<br />

described above it thus becomes very<br />

important to ensure that there is no<br />

back door connection to the protected<br />

network that might allow plain text<br />

unencrypted messages to leave or<br />

arrive at the network.<br />

(iii) Virtual Private Network (VPN):<br />

The Virtual Private Network uses<br />

the internet to carry traffic between<br />

trusted sites with the crypto keys being<br />

applied to the TCP/IP layer mentioned<br />

above. The stronger security version<br />

<strong>of</strong> this form <strong>of</strong> security deployment<br />

uses encrypting routers that does not<br />

provide the client site with access<br />

to unauthorized internet sites. A<br />

weaker version <strong>of</strong> VPN deployment<br />

uses encrypting firewalls instead <strong>of</strong><br />

encrypting routers. The firewalls<br />

encrypt all traffic between authorized<br />

sites but provide controlled access<br />

to unauthorized networks as well.<br />

In this technology, the IP Security<br />

Protocol (IPSEC) encrypts the data<br />

contained in each packet along with<br />

the information in the Transport and<br />

Application Headers <strong>of</strong> each packet<br />

but the address information under the<br />

Internet Header besides that under the<br />

Data Link Header has to be in plain<br />

text since IP routers deliver encrypted<br />

IPSEC messages to the destination<br />

host. IPSEC protection is applied<br />

above the internet protocol routing<br />

s<strong>of</strong>tware and below the application<br />

s<strong>of</strong>tware. IP Routers ignore the extra<br />

IPSEC headers and applications<br />

never see the IPSEC crypto services.<br />

Thus encryption takes place between<br />

the application and transport layers<br />

above it and the internet and data link<br />

layers below it. The IPSEC protocol<br />

defines two optional packet headers<br />

to ensure privacy and provide for<br />

forgery detection for each packet. A<br />

packet may contain one or both IPSEC<br />

headers, namely, the Authentication<br />

Header (AH) and the Encapsulating<br />

Security Payload (ESP). The AH<br />

contains a cryptographic checksum<br />

to authenticate the fact that the<br />

packet contents were not changed.<br />

A checksum is a computational<br />

procedure with an answer which<br />

depends upon the contents <strong>of</strong> the block<br />

<strong>of</strong> data contained in the data packet.<br />

The sender computes the checksum<br />

<strong>of</strong> the data being sent and encrypts<br />

it by using a secret key. The recipient<br />

can verify the message’s integrity by<br />

re-computing the checksum using the<br />

same secret key transmitted by the<br />

sender to the recipient by some secure<br />

means. The encrypted checksum<br />

must match the value sent with the<br />

message. Forgers cannot compute valid<br />

checksums without the secret key. The<br />

cryptographic checksum can defeat a<br />

forgery attempt by using the secret key<br />

when computing the checksum value.<br />

For instance we would use an Advance<br />

Encryption Standard Algorithm with a<br />

secret key to encrypt a message’s 64<br />

bits checksum. The receiving host<br />

would then take the result <strong>of</strong> the<br />

checksum <strong>of</strong> the received plain text<br />

data, encrypt it using the same secret<br />

key and compare the result with the<br />

encrypted checksum in the message. It<br />

should be noted that unlike encryption,<br />

this crypto technique does not hide a<br />

message content which is transmitted<br />

in plain text but will also not allow<br />

a forger to modify the text since he<br />

will not be able to reproduce exactly<br />

the same checksum with a different<br />

text message as he would not have<br />

the secret key to reproduce exactly<br />

the same value as the encrypted<br />

checksum.<br />

Under the above crypto technique,<br />

secret keying provides no protection<br />

if we get the same checksum value<br />

for two different messages. To protect<br />

against this possibility we use what<br />

are called one way hash functions.<br />

Under this scheme, the data being<br />

sent is combined with the secret key<br />

value and a check value called the<br />

hash value is computed over both.<br />

The sender then sends the message<br />

data plus the hashed value which the<br />

recipient re-computes using the same<br />

secret key to validate the hash value.<br />

There are sophisticated methods<br />

<strong>of</strong> implementation <strong>of</strong> the above<br />

procedure involving computation <strong>of</strong> a<br />

hash value for the IPSEC authentication<br />

header into which we need not enter<br />

here. The VPN can also employ a<br />

technology called proxy cryptography<br />

in which IPSEC is employed in a proxy<br />

mode so that the message traffic <strong>of</strong><br />

several hosts is all funneled through<br />

a single encrypting host (the proxy)<br />

before it traverses a potentially hostile<br />

network like the public internet.<br />

The destination site may likewise<br />

be guarded by a proxy where IPSEC<br />

18 CBI Bulletin April - June 2011


headers are validated and removed.<br />

The message is then forwarded<br />

unprotected to the destination<br />

computer. Since IPSEC crypto does<br />

not affect the routing information in<br />

an IP header, the internet can route its<br />

traffic as effectively as any unprotected<br />

traffic.<br />

How do classic internet attacks get<br />

blocked when we apply the Virtual<br />

Private Network with IPSEC security<br />

protocols? The four typical internet<br />

attacks are:<br />

(1) Password sniffing: In the case <strong>of</strong><br />

password sniffing, a typical password<br />

sniffer programme tries to collect<br />

the first 100 or so bits <strong>of</strong> information<br />

transmitted on any connection<br />

passing through the host. Thus, such<br />

programmes <strong>of</strong>ten manage to intercept<br />

the login names and password<br />

used to connect various hosts. The<br />

Encapsulating Security Payload (ESP),<br />

which encrypts the data contents <strong>of</strong><br />

the rest <strong>of</strong> the data packet apart from<br />

the authentication header, can protect<br />

against this disclosure <strong>of</strong> passwords<br />

while it is travelling across untrusted<br />

networks.<br />

(2) IP Spo<strong>of</strong>ing: Another form <strong>of</strong> attack<br />

against which the IPSEC protocol<br />

guarantees security is IP spo<strong>of</strong>ing<br />

in which the attacker’s messages or<br />

websites come from a masquerading<br />

host aping a genuine one. The pretence<br />

does not work because the attacking<br />

host would not have the necessary<br />

shared secret key to generate the<br />

correct keyed value that the receiving<br />

host computer would first seek to<br />

validate before going into session with<br />

the sender host.<br />

(3) Internet Hijacking: Similarly<br />

internet protocol hijacking is not<br />

possible when using IPSEC encrypting<br />

router to guard the Virtual Private<br />

Network. In IP hijacking an active and<br />

authenticated connection between two<br />

computer hosts is disrupted and the<br />

attacker jumps into seat <strong>of</strong> the one <strong>of</strong><br />

the hosts and continues to masquerade<br />

as the host who was cut <strong>of</strong>f from the<br />

connection. An IPSEC encrypting<br />

router guarding our host computer,<br />

which is thus being attempted to be<br />

fooled, would, however, immediately<br />

unmask the imposter host computer<br />

since it would receive data packets<br />

without the valid hash value contained<br />

in the authentication header <strong>of</strong> each<br />

data packet as valid packets can<br />

only come from a host that has the<br />

necessary secret key to generate the<br />

correct hash value.<br />

(4) SYN Flooding: A final internet<br />

threat to an internet host computer<br />

is from SYN flooding, which was first<br />

demonstrated against a large Internet<br />

Service Providers (ISP) way back in<br />

1996. The web server <strong>of</strong> the Internet<br />

Service Provider had to be shut<br />

down as attackers sent a TCP “SYN<br />

message”, requesting for a internet<br />

connection, but never responded<br />

with the final message necessary to<br />

establish the connection fully. TCP<br />

s<strong>of</strong>tware normally leaves such semi<br />

open connections around for a few<br />

minutes, hoping that the connection<br />

would be completed soon; meanwhile<br />

the attackers send additional SYN<br />

messages with varying, forged host<br />

computer addresses, each appearing<br />

to request its own connection. This<br />

uses up the available connections<br />

faster than the host can recover<br />

them. With all incoming connections<br />

thus exhausted, the internet service<br />

provider host is forced to refuse<br />

connection requests from legitimate<br />

users. IPSEC however, blocks this kind<br />

<strong>of</strong> attack since each TCP SYN message<br />

must have a legitimate AH with a<br />

valid cryptographic checksum which<br />

attackers cannot create from random<br />

hosts as they cannot produce legitimate<br />

AH from different random hosts with<br />

different secret keys acceptable to the<br />

targeted web server or client.<br />

Even if an SYN attack was mounted<br />

by replaying authentic SYN messages<br />

intercepted during a normal operation,<br />

this could be invalidated by a site<br />

that periodically rekeyed (adopted a<br />

new secret key value) for its security<br />

parameter index associations.<br />

(iv) World Wide Web service with<br />

Secure Socket Layer (SSL protocol):<br />

This applies crypto services using the<br />

SSL protocol. The protocol is integrated<br />

into the application s<strong>of</strong>tware packages<br />

for web clients and servers and protects<br />

data transfer between the two. When<br />

two hosts first start communicating<br />

with SSL, the initial message consists <strong>of</strong><br />

a special handshake protocol, which<br />

establishes the crypto algorithm and<br />

the keys to be used. The SSL is designed<br />

to work between one host behaving as<br />

a client and the other behaving as a<br />

server. The SSL protocol consists <strong>of</strong> a<br />

record protocol, which indicates the<br />

encryption and integrity protection<br />

being applied to the data and a<br />

handshake protocol that negotiates the<br />

use <strong>of</strong> new crypto algorithm and keys<br />

between the communicating client<br />

and server. In the basic handshake<br />

protocol one <strong>of</strong> the two hosts, say the<br />

server sends his other communicating<br />

host, the client, the former’s “Public<br />

key” embedded in a signed certificate<br />

issued by a certifying authority. The<br />

client now generates a secret key<br />

using some technology like a Pseudo<br />

Random Generator Number, uses the<br />

server’s “Public key” to encrypt this<br />

secret key and sends this encrypted<br />

secret key back to the server in what<br />

is called a “Client key exchange<br />

message”. The server now replies by<br />

sending a finished message, which<br />

amounts to acknowledging that the<br />

secret key duly encrypted has been<br />

received by the server. The server<br />

extracts the secret key by decrypting the<br />

encrypted secret using what is called<br />

the server’s “Private key”. In Public<br />

Key Encryption (PKE) terminology, an<br />

entity shares his public key, which is<br />

an enciphering or deciphering value<br />

with his correspondents, while he<br />

retains a corresponding private key<br />

CBI Bulletin April - June 201119


as his own well-guarded secret. A<br />

message encrypted with the public<br />

key can only be decrypted at the other<br />

end by its corresponding private key<br />

and similarly, a message encrypted at<br />

one end with a private key can only<br />

be decrypted at the other end using<br />

the corresponding public key. The<br />

Diffie-Hellman and the Rivest-Shamir-<br />

Adelman (RSA), particularly the latter<br />

are the two leading algorithms used to<br />

generate such public-private key pairs<br />

for implementing this technology. This<br />

asymmetric key generation technology<br />

has gained wide currency over the<br />

secret key technology (which is also<br />

called the symmetric key technology).<br />

The reason is that for the secret key<br />

technology the number <strong>of</strong> shared<br />

secret keys required to be generated<br />

between each pair <strong>of</strong> communicating<br />

computers rise exponentially as more<br />

and more computers are added to<br />

an ever-expanding internet. In the<br />

PKE system, however, every holder<br />

<strong>of</strong> private key needs to only share<br />

his single public key with all other<br />

communicating hosts as the public key<br />

is not required to be kept as a secret.<br />

This drastically reduces the number<br />

<strong>of</strong> the keys required for encryption<br />

and decryption and is the bedrock on<br />

which sensitive as well as commercially<br />

valuable information like account<br />

numbers would be transmitted over<br />

the internet.<br />

The public key-private key pair having<br />

thus been used to transmit the secret<br />

key between the client and the server,<br />

the data transmitted between the two<br />

would now be encrypted and hashed<br />

with the secret key value and the<br />

recipient would treat it as a fatal error<br />

if a message arrived with an invalid<br />

hash. The secret key can also be used<br />

to encrypt the plaintext <strong>of</strong> an email<br />

message generated by an email client<br />

since most web browsers like the<br />

Micros<strong>of</strong>t Explorer incorporate SSL as<br />

a feature.<br />

The public key infrastructure cannot<br />

function without every public key<br />

holding entity being certified to be<br />

the authentic holder <strong>of</strong> the public key,<br />

which he claims to be his own. Such a<br />

public key certificate thus contains a<br />

name along with his entitled public key<br />

duly certified by a certifying authority,<br />

through the latter’s digital signature.<br />

This is a hash value encrypted with the<br />

certifying authority’s private key. The<br />

hash value is computed over the name<br />

<strong>of</strong> the public key holder and his public<br />

key value.<br />

The digital signature <strong>of</strong> the certifying<br />

authority is decrypted using the<br />

certifying authority’s public key<br />

yielding the hash value, which must<br />

match with the hash value computed<br />

over the name and public key value <strong>of</strong><br />

the certificate. This, in turn, requires<br />

that the certifying authority’s public<br />

keys be shared with all those users,<br />

who would like to authenticate the<br />

public key values <strong>of</strong> those who seek to<br />

correspond with them.<br />

The value <strong>of</strong> public key certificates<br />

stems from the fact that an imposter<br />

cannot pose as the genuine holder<br />

<strong>of</strong> public key that actually belongs to<br />

someone else and thus stage manin-the-middle<br />

attacks between two<br />

communicating computers. For, if<br />

the one <strong>of</strong> the two hosts claims to be<br />

legitimate holder <strong>of</strong> a certain public<br />

key, this could be checked against the<br />

name entered in the digital certificate.<br />

NATIONAL SECURITY<br />

While message security and indeed<br />

the whole story <strong>of</strong> Cyber Security thus<br />

turns on the encryption algorithm<br />

and crypto devices available, it must<br />

be remembered that most <strong>of</strong> these<br />

crypto devices vended by foreign firms<br />

are required to observe limitations<br />

in the encryption devices, such as<br />

the key length for example, without<br />

compliance with which export licence<br />

would not be available to them from<br />

their respective Governments. The US<br />

Government, for instance, requires an<br />

upper limit <strong>of</strong> 40 bits <strong>of</strong> secret key value<br />

to be adhered to although the length<br />

<strong>of</strong> its own secret keys for encrypting<br />

its own <strong>of</strong>ficial cyber text messages<br />

is 128 bits. These limitations have<br />

been adopted to enable such foreign<br />

Governments to eves drop on the<br />

encrypted traffic <strong>of</strong> the buyers <strong>of</strong> cyber<br />

crypto products <strong>of</strong> these countries.<br />

India thus needs to focus its energies on<br />

developing its own in-house hardware<br />

and s<strong>of</strong>tware crypto devices to protect<br />

its <strong>of</strong>ficial and un<strong>of</strong>ficial cyber traffic<br />

from unauthorized interception. It is a<br />

question <strong>of</strong> National Security.<br />

*The author is a 1994 batch Indian Postal Service Officer, currently a Director, Army Postal Service. He has also served<br />

earlier as Assistant Director, Intelligence <strong>Bureau</strong>.<br />

20 CBI Bulletin April - June 2011


Hon’ble Prime Minister Dr. Manmohan Singh, inaugurating the new CBI Headquarters on 30th April, 2011<br />

Dr Mammohan Singh, Hon’ble Prime Minister, inaugurating the new CBI Headquarter. Shri V. Narayansamy, MoS (PP) and<br />

Shri Amar Pratap Singh, Director, CBI are also present<br />

CBI Bulletin April - June 201121


Shri Amar Pratap Singh, Director, CBI, welcoming Shri P. Chidambaram,<br />

Union Home Minister on the occasion <strong>of</strong> inauguration <strong>of</strong> the new CBI Headquarters<br />

Shri Amar Pratap Singh, Director, CBI, welcoming Shri M. Veerappa Moily, Union Minister (Law & Justice)<br />

22 CBI Bulletin April - June 2011


Hon’ble Prime Minsiter Dr Manmohan Singh, visits the CBI Gallery at CBI Headquarters on 30th April 2011. Accompanying him are<br />

Shri V. Narayanasamy, MoS (PP), Shri Amar Pratap Singh, Director, CBI & others<br />

Hon’ble Prime Minister Dr. Manmohan Singh looks at Milestones in the growth <strong>of</strong> CBI over the decades<br />

CBI Bulletin April - June 201123


Dr. Manmohan Singh, Hon'ble Prime Minister <strong>of</strong> India at the CBI Gallery along with Shri Amar Pratap Singh, Director,<br />

CBI and Shri V.K. Gupta, Additional Director, CBI<br />

Raja Vijay Karan, former Director CBI with Shri Amar Pratap Singh, Director, CBI<br />

24 CBI Bulletin April - June 2011


A view <strong>of</strong> the CBI Gallery at the new CBI Headquarters, New Delhi<br />

CBI Bulletin April - June 201125


26 CBI Bulletin April - June 2011<br />

A view <strong>of</strong> CBI Gallery at the new CBI Headquarters, New Delhi


Hon’ble Prime Minister Dr. Manmohan Singh, addressing the gathering at the new CBI Headquarters on 30th April, 2011<br />

Shri Amar Pratap Singh, Director, CBI addressing at the Inaugural Ceremony<br />

CBI Bulletin April - June 201127


Shri Amar Pratap Singh, Director CBI, presenting the memento to the Hon’ble Prime Minister Dr. Manmohan Singh. Shri P.<br />

Chidambaram, Union Home Minister and Dr. Veerappa Moily, Union Minister <strong>of</strong> Law and Justice are also present.<br />

Ladies at the Inaugural Ceremony<br />

28 CBI Bulletin April - June 2011


Hon’ble Prime Minister Dr. Manmohan Singh, recording his views in the Visitor’s Book at CBI Lounge on 30th April, 2011<br />

Hon’ble Prime Minister Dr. Manmohan Singh, Shri V. Narayanasamy, MoS (PP), Smt. Alka Sirohi, Secretary (P&Tl), Shri T.K.A. Nair,<br />

Principal Secretary to PM, Shri Amar Pratap Singh, Director, CBI and Shri V.K. Gupta, Additional Director, CBI, along with the recipients<br />

<strong>of</strong> the President’s Police Medal for Distinguished Service<br />

CBI Bulletin April - June 201129


Shri. T.K.A. Nair, Principal Secretary to PM at the CBI Gallery along with Shri Amar Pratap Singh, Director, CBI and Shri V.K. Gupta,<br />

Additional Director, CBI<br />

The Hon’ble Prime Minister meeting Joint Directors <strong>of</strong> CBI<br />

30 CBI Bulletin April - June 2011


Hon’ble Prime Minister Dr. Manmohan Singh, giving the President's Police Medal for Distinguished Services to Shri A.K. Pateria, Joint<br />

Director (Policy), CBI on 30th April, 2011<br />

Hon’ble Prime Minister Dr. Manmohan Singh, giving the President's Police Medal for Distinguished Services to Shri O.P. Galhotra,<br />

Joint Director (EO), CBI on 30th April, 2011<br />

CBI Bulletin April - June 201131


Mr. Louis Freeh, former Director, FBI, USA at CBI HQ New Delhi on 18th May, 2011 along with Dr. R.K. Raghavan, former Director,<br />

CBI, Shri Amar Pratap Singh, Director, CBI, Shri Balwinder Singh, Special Director CBI and Shri V.K. Gupta, Additional Director, CBI<br />

Sub-Inspector (Cadets) <strong>of</strong> 14th batch <strong>of</strong> CBI taking Oath during the Investiture Ceremony at the CBI Academy,<br />

Ghaziabad on 7th May, 2011<br />

32 CBI Bulletin April - June 2011


Shri Amar Pratap Singh, Director, CBI and other senior <strong>of</strong>ficers during the Investiture Ceremony<br />

Shri Amar Pratap Singh, Director, CBI, giving away the Certificate for ‘All Round Best’ to Shri Homi Garg, SI (Cadet) during the<br />

Investiture Ceremony<br />

CBI Bulletin April - June 201133


Director, CBI, interacting with the passing out Sub-Inspectors after their Investiture Ceremony<br />

Shri Amar Pratap Singh, Director, CBI at the foundation stone laying ceremony <strong>of</strong> the 2nd Phase Construction <strong>of</strong> CBI Academy at<br />

Ghaziabad on 7th May 2011<br />

34 CBI Bulletin April - June 2011


Shri R. K. Tandon, Joint Director, CBI, welcoming Shri Amar Pratap Singh, Director, CBI, on the occasion <strong>of</strong> the foundation stone laying<br />

ceremony <strong>of</strong> the 2nd phase construction <strong>of</strong> the Academy<br />

Shri Amar Pratap Singh, Director, CBI, interacting with the CBI <strong>of</strong>ficials and their family members during his visit to CBI Colony at Vasant<br />

Vihar, New Delhi on 21st May, 2011<br />

CBI Bulletin April - June 201135


Shri Amar Pratap Singh, Director, CBI, Shri Balwinder Singh, Special Director, CBI, Shri V.K. Gupta, Additional Director, CBI<br />

and other senior <strong>of</strong>ficers <strong>of</strong> CBI, with the Sub-Inspector (Cadets) <strong>of</strong> 14th batch at CBI Academy.<br />

Shri Amar Pratap Singh, Director, CBI, inaugurating the new CBI Canteen at CBI Headquarters, New Delhi on 6th June, 2011<br />

36 CBI Bulletin April - June 2011


Shri Amar Pratap Singh, Director, CBI, giving memento to the retiring <strong>of</strong>ficials <strong>of</strong> CBI on 30th April, 2011<br />

CBI Bulletin April - June 201137


Shri Amar Pratap Singh, Director, CBI, welcoming Lord Ian Blair, Former Commissioner <strong>of</strong> Metropolitan Police, London at the 12th D.P.<br />

Kohli Memorial Lecture on 3rd June, 2011 at Vigyan Bhawan, New Delhi<br />

Shri Amar Pratap Singh, Director, CBI, presenting memento to Shri V. Narayanasamy, MoS (PP), on the occasion <strong>of</strong> 12th D.P. Kohli<br />

Memorial Lecture on 3rd June, 2011 at Vigyan Bhawan, New Delhi<br />

38 CBI Bulletin April - June 2011


Lord Ian Blair, Former Commissioner <strong>of</strong> Metropolitan Police (Scotland Yard), London delivering the 12th D.P. Kohli Memorial Lecture on<br />

3rd June, 2011 at Vigyan Bhawan, New Delhi<br />

Invitees and delegates on the occasion <strong>of</strong> 12th D.P. Kohli Memorial Lecture on 3rd June, 2011 at Vigyan Bhawan, New Delhi<br />

CBI Bulletin April - June 201139


Union Minister <strong>of</strong> State for Personnel & Public Grievances Shri V. Narayanasamy giving the Award <strong>of</strong> 'Best Detective Constable' <strong>of</strong> CBI<br />

for the year 2010 to Shri Sarbjit Singh, Constable, CBI, SPE, Port Blair, A&N Island<br />

Recipients <strong>of</strong> the President's Police Medal for Distinguished Services and Indian Police Medal for Meritorious Services with Shri V.<br />

Narayanasamy, MoS (PP), Smt. Alka Sirohi, Secretary (P&T), Shri Amar Pratap Singh, Director, CBI, Shri Balwinder Singh, Special<br />

Director, CBI and Shri V.K. Gupta, Additional Director, CBI<br />

40 CBI Bulletin April - June 2011


Advancement <strong>of</strong> Techniques for Forensic<br />

Examination <strong>of</strong> CDs/DVDs<br />

MUKESH SHARMA* & SHAILENDRA JHA**<br />

Forensic Science is multi-disciplinary subject applied for examining crime scenes and gathering evidence to be used<br />

in prosecution <strong>of</strong> <strong>of</strong>fenders in the Court <strong>of</strong> Law. Through this paper, the authors have explained the importance <strong>of</strong> the<br />

forensic experts in the examination <strong>of</strong> piracy <strong>of</strong> multimedia devices like CD/DVD and duplication <strong>of</strong> the data in the<br />

licensed s<strong>of</strong>tware available in CD/DVD. In this paper, the process <strong>of</strong> examination, which is available in literature, expert<br />

analysis and presentation <strong>of</strong> forensic data to relevant security agencies or authorities or Courts <strong>of</strong> Law, on computer<br />

and digital assets (CD/DVD/CD-ROM/hard drive) has been reported. First time a standard procedure for examination <strong>of</strong><br />

compact disc devices for the forensic experts has also been reported.<br />

Keywords: Forensic Technology, Cyber Forensic, CD-DVD Examination.<br />

INTRODUCTION<br />

BY definition, technology is dynamic,<br />

and in many ways, technology<br />

dictates advances in forensic science.<br />

For forensic pr<strong>of</strong>essionals, with<br />

expertise and technological knowhow<br />

in the application <strong>of</strong> analytical<br />

and investigative techniques for<br />

conducting liturgical and non-liturgical<br />

investigations, examinations, analysis,<br />

interpretation, evidence preservation<br />

<strong>of</strong> electronic data, presentation <strong>of</strong><br />

comprehensive reports on specific<br />

activities. 1<br />

Our forensics services includes systems,<br />

to extract relevant files <strong>of</strong> computing<br />

and digital activities that require<br />

investigations, examinations, analysis,<br />

risk preventions and mitigation,<br />

as well as fraud control measures.<br />

Computer crime, fraud, disaster and<br />

risk programming to compromise<br />

business processes, have become<br />

very pervasive on the internet, web,<br />

computer system, network servers,<br />

single-user PC (laptops, desktops, etc)<br />

and digital devices (mobile phones,<br />

PDA, printer, fax machines, I-pods,<br />

etc.), and as forensic specialists.<br />

encoded media or physical storage<br />

(files, notepads, documentations,<br />

peripherals, visual outputs, electronic<br />

storage media like CD and DVD,<br />

etc.) and to help in the detection and<br />

mitigation <strong>of</strong> risk protection, defence<br />

<strong>of</strong> corporate assets and reputation,<br />

recovering <strong>of</strong> files/data/information<br />

from intentionally damaged media.<br />

2-3<br />

Through this paper, the authors<br />

have tried to develop a standard<br />

methodology, in examination <strong>of</strong><br />

CD and DVD, which is the biggest<br />

problems from Indian point <strong>of</strong> view,<br />

as the pirated/duplicity <strong>of</strong> the Original<br />

s<strong>of</strong>tware/Video Film in CD or DVD<br />

format/Audio CD/MP3/Audio and<br />

Video DVD. In Figure1, the historical<br />

development <strong>of</strong> the Compact Disc and<br />

DVD is shown, which provide the idea<br />

about the development <strong>of</strong> the audio/<br />

video/Photo in terms <strong>of</strong> their format<br />

in computer based technology. 4 The<br />

difference at a glance in the DVD and<br />

The investigation, identification,<br />

extraction, examination, analyses,<br />

documentation and preservation<br />

<strong>of</strong> computing and digital evidence,<br />

in a admissible, electronically<br />

Figure 1: The history <strong>of</strong> development <strong>of</strong> the Optical CD/DVD [Ref. (3)].<br />

CBI Bulletin April - June 201141


CD has not been observed but when<br />

one examined these devices under<br />

specific microscope, one can easily<br />

differentiate on the basis <strong>of</strong> track pitch<br />

and pit length, as shown in Figure 2.<br />

disc, the following areas are illustrated<br />

in Figure 3<br />

The CD standard has specific<br />

measurements for all <strong>of</strong> these areas;<br />

approximately 99 percent <strong>of</strong> CDs<br />

(manufactured or recordable) meet<br />

these standards. DVD measurements<br />

are similar to those for CDs and are<br />

considered identical.<br />

FIGURE. 2: The microscopically view <strong>of</strong> the<br />

CD and DVD [Ref. (4).<br />

The basic physical and specification<br />

based differences have also been<br />

summarized in Table 1, as ready<br />

reference for reader.<br />

TABLE 1: Physical difference in CD<br />

and DVD<br />

Properties<br />

CD-ROM/<br />

CD-RAM<br />

D V D -<br />

ROM<br />

Thickness 1.2 mm 1.2 mm<br />

Diameter 12 cm 12 cm<br />

Pit length<br />

(Min)<br />

(Max)<br />

Track<br />

Pitch<br />

Data<br />

Capacity<br />

0.83<br />

micrometer<br />

(cm)<br />

0.4<br />

micrometer<br />

(cm)<br />

3.04 cm 1.87 cm<br />

1.6 cm 0.74 cm<br />

0.68 GB 4.7 GB<br />

METHODOLOGY<br />

(i) Physical examination:<br />

There are a number <strong>of</strong> distinct areas on<br />

the surface <strong>of</strong> a CD or DVD. Moving<br />

from the inside to the outside <strong>of</strong> the<br />

Figure 3: CD/DVD physical construction is<br />

shown:<br />

1. Spindle hole;<br />

2. Clamping ring;<br />

3. Stacking ring;<br />

4. Mirror band;<br />

5. Beginning <strong>of</strong> data area;<br />

6. End <strong>of</strong> data area, slightly inside the<br />

outer edge <strong>of</strong> the disc.<br />

TABLE 2: Some dyes with their visible characteristics<br />

Name <strong>of</strong> the Dye Colour Colour under<br />

gold reflector<br />

The stacking ring is used to keep the<br />

surfaces <strong>of</strong> discs separate when stacked<br />

on a spindle. Without the stacking ring,<br />

the lacquer surface <strong>of</strong> one disc would<br />

adhere to the polycarbonate surface <strong>of</strong><br />

the one above it. This is especially true<br />

in high-humidity environments. The<br />

stacking ring and proper alignment<br />

<strong>of</strong> stacked discs is important for<br />

transporting discs.<br />

The original development <strong>of</strong> CD-R<br />

discs required a bi-stable dye that<br />

could be changed from transparent to<br />

opaque by a laser. The term “organic”<br />

in this case refers to the use <strong>of</strong> chains<br />

<strong>of</strong> carbon and hydrogen atoms in<br />

the dye.5 In Table 2, the summary<br />

<strong>of</strong> the types <strong>of</strong> dyes and their visible<br />

characteristics observed as CD-R.<br />

Colour under silver<br />

reflector<br />

Cyanine Blue Green Green/Blue<br />

Phthalocyanine Transparent Gold Silver<br />

Formazan Light Green Green/Gold Not available<br />

Azo (Ay-Zo) Dark Blue Dark Green Deep Blue<br />

CDs and DVDs consist <strong>of</strong> the same<br />

basic materials and layers, but are<br />

manufactured differently. A DVD<br />

is actually like two thin CDs glued<br />

together. A CD is read from and<br />

written to (by laser) on one side only;<br />

a DVD can be read from or written<br />

to on one or both sides, depending<br />

on how the disc was manufactured.<br />

Recordable DVDs (DVD-R, DVD-<br />

RW, DVD-RAM) can be manufactured<br />

with one re-cording layer on each<br />

side. Prerecorded DVDs (DVD-ROM)<br />

can be manufactured with one or two<br />

recorded layers on each side.<br />

The polycarbonate substrate makes<br />

up most <strong>of</strong> the disc, including the area<br />

that is read by the laser (opposite the<br />

label side on CDs). It is present on<br />

both sides <strong>of</strong> a DVD, even a “singlesided”<br />

disc with a label on one side.<br />

This substrate provides the disc depth<br />

necessary to maintain laser focus on<br />

the metal and data layers. Accordingly,<br />

42 CBI Bulletin April - June 2011


fin¬gerprints, smudges, or scratches,<br />

as well as such substances as dirt,<br />

dust, solvents, and excessive moisture<br />

(which polycarbonate will absorb), can<br />

interfere with the ability <strong>of</strong> the laser to<br />

read the data.6 Contact <strong>of</strong> any foreign<br />

material with the polycarbonate<br />

substrate layer should be avoided.<br />

As its name implies, the data layer<br />

<strong>of</strong> CDs and DVDs is the layer that<br />

contains the data. The data appear as<br />

marks or pits that either absorb light<br />

from the laser beam, or transmit the<br />

light back to the laser pho¬to-sensor<br />

by way <strong>of</strong> the metal reflective layer.<br />

In CDs, the data and metal layers are<br />

very close to the top <strong>of</strong> the disc (label<br />

side); in DVDs, they are in the middle<br />

<strong>of</strong> the disc. The types <strong>of</strong> data and<br />

metal layers used depend on the type<br />

<strong>of</strong> disc-read-only (ROM), write-once<br />

(R), or rewritable (RW, RAM).7 Table<br />

3, shows the relation¬ship between<br />

the data and metal layers and the disc<br />

type and basic layers.<br />

(ii) Digital Data examination<br />

with specification and<br />

characteristic:<br />

When the comparison in the terms <strong>of</strong><br />

the digital data and format is discuss for<br />

a forensic point <strong>of</strong> view, DVD-Video<br />

can be summarized as high-quality<br />

pictures, high quality sound, and<br />

multiple playback functions, which<br />

are made possible by its large storage<br />

capacity and digital signal processing.<br />

TABLE 3: Relation between layers <strong>of</strong> CD-ROM, CD-RW, DVD-ROM and<br />

DVD-RW<br />

Layer CD-ROM CD-RW DVD-ROM (with<br />

two recorded<br />

layer)<br />

1. Label,<br />

Optional<br />

Label,<br />

Optional<br />

Label, Optional<br />

(hub area only)<br />

DVD-RW<br />

Label,<br />

Optional (hub<br />

area only)<br />

2. Lacquer Lacquer Polycarbonate Polycarbonate<br />

3. Metal Al (also<br />

Si, Au, or Ag)<br />

Metal (Al) Metal (fully<br />

reflective) Al (also<br />

Centre<br />

Adhesives<br />

Si, Au, or Ag)<br />

4. Polycarbonate Recording/<br />

Writing layer<br />

Centre Adhesives Metal (Al)<br />

5. - Polycarbonate Metal (Semireflective)<br />

Recording/<br />

Writing layer<br />

6. - - Polycarbonate Polycarbonate<br />

Date Molded<br />

Moulded<br />

Layer<br />

Phase<br />

changing<br />

metal alloys<br />

films<br />

In terms <strong>of</strong> picture quality, high-quality<br />

images have been realized with<br />

500TV-line resolution, better than<br />

either laserdisc or CD-Video. The most<br />

remarkable feature <strong>of</strong> DVD-Video is<br />

that it <strong>of</strong>fers both the highest picture<br />

quality <strong>of</strong> home video media and the<br />

capability to record an entire movie,<br />

which requires a long recording time,<br />

all available on a single disc the same<br />

size as a CD. A simple comparison<br />

between the audio and video format<br />

<strong>of</strong> CD and DVD are summarized in<br />

Table 4 (a) and (b).<br />

Phase<br />

changing<br />

metal alloys<br />

films<br />

For forensic purposes, from Table 1<br />

to Table 4 (a-b), one can easily trace<br />

out the format and specification <strong>of</strong> the<br />

CD/DVD, which is to be used or being<br />

used for piracy violation purposes. It<br />

is generally assumed in forensic that<br />

if Apple extensions are not present, a<br />

Macintosh user programmes did not<br />

create the disc. An exception to this is<br />

some OS X programmes that operate<br />

at the “native” BSD level. In any<br />

event, these would not be considered<br />

ordinary Macintosh user programmes.<br />

TABLE 4 (a): Audio Format specifications <strong>of</strong> CD and DVD<br />

SL. No. Specification CD DVD<br />

1. Audio Stereo MPEG Dolby Digital Linear PCM<br />

8 Streams max.<br />

2. Audio System MPEG1 layer 2 MPEG Dolby Digital Dolby Digital<br />

3. Audio bit rate 224 kbps (fixed) max. 912 kbps max. 448 kbps (per stream) max. 6.144 Mbps<br />

(per stream)<br />

4. Number <strong>of</strong> 2 ch only max 7.1 ch. /stream max 5.1 ch. /stream max 8 ch. /stream<br />

channels<br />

CBI Bulletin April - June 201143


TABLE 4 (b): Video Format specifications <strong>of</strong> CD and DVD<br />

SL. No. Specification CD DVD<br />

1. Video compression system MPEG 1 MPEG 2<br />

2. Resolution (in pixels) in the case <strong>of</strong> PAL, DVD-Video is<br />

not compatible with the high definition system.<br />

352 x 286 pixels 720 x 576 pixels<br />

3. Video Bit rate 1.15 Mbps (fixed) 9.8 Mbps, max.(variable)<br />

4. Compression Ratio 1/140 1/40<br />

5. Horizontal resolution Aapprox. 250 TV<br />

lines (same as VHS)<br />

Approx. 500 TV lines<br />

For forensic examiners, it must be<br />

clarified that while files can be deleted<br />

on write-once media, the actual<br />

file is not deleted; it just drops from<br />

the directory structure. Given the<br />

potentially fragmented nature <strong>of</strong> files,<br />

it is not a simple matter to use a datacarving<br />

tool for these purposes.<br />

(iii) S<strong>of</strong>tware based<br />

examination:<br />

There are several alternatives for<br />

collecting evidence from CDs and<br />

DVDs. Unfortunately, most forensic<br />

s<strong>of</strong>tware does a poor job, either<br />

because it is based strictly on Micros<strong>of</strong>t<br />

Windows capabilities and Micros<strong>of</strong>t<br />

Windows file system implementations,<br />

or because it has limited support for<br />

CD and DVD file systems.<br />

The Access Data Forensic Tool Kit (FTK)<br />

product has an imaging component<br />

(derived from the shareware<br />

ISOBuster product) that does a good<br />

job <strong>of</strong> collecting data from CDs and<br />

DVDs with any <strong>of</strong> the commonly<br />

supported file systems.8, but useful<br />

for the examination <strong>of</strong> pirated files<br />

examination.<br />

some capabilities beyond EnCase in<br />

its native form, but does not support<br />

all CD and DVD file systems correctly,<br />

nor can it deal with UDF discs that<br />

have logical errors.<br />

In general, they only support ISO<br />

9660 and various extensions, such as<br />

Joliet. InfinaDyne’s CD/DVD Inspector<br />

can be used with both EnCase and<br />

FTK to collect evidence from CDs and<br />

DVDs. Statistics <strong>of</strong> last five years case,<br />

which are registered under Piracy<br />

and Duplication Act in the Physics<br />

Division, SFSL (Rajasthan), is plotted<br />

in Figure 4.<br />

From Figure 4, it is clearly seen that<br />

the piracy and duplication <strong>of</strong> the<br />

s<strong>of</strong>twares, Audio/Video CD/DVD<br />

is increasing year by year, so the<br />

forensic experts have to be aware <strong>of</strong><br />

the developing technology in the CD/<br />

DVD and computer technology.<br />

DISCUSSIONS<br />

Digital forensic evidence like CD/DVD<br />

are usually latent, in that it can only be<br />

seen by the Trier <strong>of</strong> fact at the desired<br />

level <strong>of</strong> detail through the use <strong>of</strong> tools<br />

on these exhibits. In order for tools to<br />

be properly applied to a legal standard,<br />

it is normally required that the forensic<br />

expert, who use these tools properly,<br />

apply their scientific knowledge, skill,<br />

experience, training, and/or education<br />

to use a methodology that is reliable<br />

to within defined standards, to show<br />

FIGURE 4: Curve plotted year from 2003 - 2008 versus number <strong>of</strong> cases registered<br />

in Physics Division, SFSL, Jaipur related to computer-based crime<br />

The Guidance S<strong>of</strong>tware EnCase<br />

product9 has minimal support for<br />

CDs and DVDs, but can utilize the<br />

InfinaDyne CD/DVD Inspector<br />

product to process discs that it does<br />

not directly support for Indian point<br />

<strong>of</strong> view.<br />

The ‘I Look Investigator product’ has<br />

44 CBI Bulletin April - June 2011


the history, pedigree, and reliability <strong>of</strong><br />

the tools. Three goals can be extracted<br />

from this are that –<br />

(i)one can prepare himself to examine<br />

CD/DVD, also ensure the integrity <strong>of</strong><br />

the field <strong>of</strong> computer forensics;<br />

(ii)by pursuing an understanding <strong>of</strong><br />

traditional techniques, one can more<br />

effectively apply this techniques<br />

proposed in this paper; and<br />

(iii) overall, one must provide a<br />

thoughtful analysis based on the<br />

Scientific Method and Scientific<br />

Instruments. Non-experts can<br />

introduce and make statement about<br />

evidence to the extent that they can<br />

clarify non-scientific issues by stating<br />

what they observed. This paper is a call<br />

for standardization and certification<br />

for the computer forensics field <strong>of</strong> CD/<br />

DVD examinations.<br />

However, Figure 4 statistics, at a<br />

national level is important in order<br />

to assess the impact that this type <strong>of</strong><br />

crime has on society. Governments<br />

and the police community rely on<br />

this information to help them enforce<br />

policies and procedures as well as<br />

allocating resources to investigate and<br />

prevent the incidence <strong>of</strong> piracy and<br />

duplication activities in India.<br />

Acknowledgement<br />

The authors are very much thankful<br />

to the Director, State Forensic Science<br />

Laboratory for providing the research<br />

environment in the Lab. Dr. Sharma<br />

is also very grateful to Pr<strong>of</strong>. Terrence<br />

O’Connor (Pr<strong>of</strong>. Perdue University,<br />

USA) and D.W. Clemens (Editor-in-<br />

Chief for Crime & Clue Magazine)<br />

for their fruitful discussions. Partial<br />

work <strong>of</strong> this article has been accepted<br />

for presentation at International<br />

Symposium on Recent Trends in<br />

Forensic Sciences, During 22nd – 24th<br />

February, 2010 Panjabi University,<br />

Patiala, Punjab.<br />

References<br />

(1) Kerr, Orin, Computer Crime and the Coming Revolution in Criminal Procedure, Yale Law School, 2004.<br />

(2) Mack, Mary, Electronic Discovery v. Computer Forensics, New Jersey Law Journal, 20th October, 2003.<br />

(3) http://www.cybercrime.gov.<br />

This site contains a list <strong>of</strong> current and past select cases by the US DOJ on computer crimes. It is important to note the<br />

amount <strong>of</strong> cases where the indicted person pled guilty.<br />

(4) A Hardware Based Memory Acquisition Procedure for Digital <strong>Investigation</strong>s — Carrier and Grand, Digital <strong>Investigation</strong><br />

Journal, Feb 2004, Elsevier Science, UK.<br />

(5) The Computer Forensics Tool Testing (CFT). Nist, collection <strong>of</strong> papers, http://www.cftt.nist.gov/.<br />

(6) http://www.cd-info.com/CDIC/Technology/CD-R/Labeling/<br />

(7) Cochrane, Katherine (1998). Recordable CD and DVD for Archiving.<br />

Microscopy Today No. 98 - 10 ; also Imation, 2002. Handle with Care: Making Your CD-R & CD-RW Media Last.<br />

http://www.imation.com/assets/en_US_Assets/PDF/IMN_CDcare.pdf.<br />

(8) Access Data Forensic Tool Kit (FTK) www.accessdata.com<br />

(9) Guidance S<strong>of</strong>tware (EnCase) http://www.encase.com<br />

* The author is SSO, In-charge, Mobile Forensic Science Unit, Pratapgarh.<br />

** The author is Assistant Director, Physics Division, State Forensic Science Laboratory, Jaipur.<br />

CBI Bulletin April - June 201145


New Building <strong>of</strong> CBI Head Office<br />

THE journey from Special Staff (SS) to<br />

Special Police Section (SPS) to Special<br />

Police Establishment (SPE) to Delhi<br />

Special Police Establishment (DSPE)<br />

to the <strong>Central</strong> <strong>Bureau</strong> <strong>of</strong> <strong>Investigation</strong><br />

(CBI) is very long. The Special Staff<br />

had, to begin with, 12 <strong>of</strong>ficers and<br />

24 other ranks on its rolls in 1941,<br />

posted at Delhi, Lahore, Ferozpur,<br />

Rawalpindi, Karachi and Quetta, with<br />

Headquarters at 69, The Mall, Lahore<br />

(now in Pakistan).<br />

In view <strong>of</strong> the fast-changing political<br />

scenario around, the headquarters<br />

<strong>of</strong> the DSPE were also shifted from<br />

Lahore to New Delhi, where the<br />

building <strong>of</strong> CBI Head Office also kept<br />

changing from one place to another.<br />

R.K. Puram, Sardar Patel Bhawan,<br />

CGO Complex are a few names <strong>of</strong><br />

such places.<br />

With the increase in the strength <strong>of</strong><br />

<strong>of</strong>ficers and other ranks <strong>of</strong> CBI rose to<br />

over 6500, in New Delhi alone, CBI<br />

had to accommodate them at various<br />

places. Apart from two blocks in<br />

CGO Complex, Lok Nayak Bhawan,<br />

Dalhousie Hutments, North Block,<br />

Yashwant Place are such names. So,<br />

there was a need <strong>of</strong> a building <strong>of</strong> its<br />

own for smooth functioning and close<br />

supervision under one ro<strong>of</strong>.<br />

Therefore, a proposal was moved by<br />

CBI to the Government and pursued<br />

very seriously and ultimately a piece <strong>of</strong><br />

land measuring 7025.8 sq.m., situated<br />

at 5-B, CGO Complex, Lodhi Road,<br />

New Delhi was purchased from the<br />

Ministry <strong>of</strong> Urban Development at a<br />

total cost <strong>of</strong> Rs. 3.12 crore in March<br />

2002 and possession <strong>of</strong> the said land<br />

was taken on 16th September, 2002.<br />

A proposal for construction <strong>of</strong> <strong>of</strong>fice<br />

complex at a total cost <strong>of</strong> Rs. 137.72<br />

crore through CPWD was approved by<br />

the Government on 15th December,<br />

2005 in order to keep all the CBI<br />

Delhi based branches under one ro<strong>of</strong><br />

for better coordination.<br />

The Foundation Stone was laid by the<br />

Hon’ble Prime Minister Dr. Manmohan<br />

Singh on 18th January, 2006.<br />

Government sanction for construction<br />

<strong>of</strong> CBI Office Complex through NBCC<br />

instead <strong>of</strong> CPWD was received on 6th<br />

November, 2006 at the estimated cost<br />

<strong>of</strong> Rs. 137.72 crore, which was revised<br />

to Rs. 181.79 crore due to revision<br />

<strong>of</strong> DPAR 2007 and approved by the<br />

Government in addition to the cost<br />

<strong>of</strong> Rs. 4,30,92,832/- towards Green<br />

Building Norms. Total cost comes to<br />

Rs. 186.10 crore.<br />

Memorandum <strong>of</strong> Understanding<br />

(MoU) was signed on 13th April, 2007<br />

between CBI & NBCC to complete the<br />

building within 30 months, i.e. October<br />

2010, which was extended up to 31st<br />

March, 2011 by the Government<br />

based on the recommendations <strong>of</strong> the<br />

Project Monitoring Team (PMT) headed<br />

by Joint Director (Administration)/CBI<br />

and reasons given by the NBCC.<br />

Ground breaking Ceremony was<br />

done by the then Hon’ble MoS (PP)<br />

Shri Suresh Pachouri on 10th March,<br />

2008.<br />

Hon’ble Prime Minister Dr.<br />

Manmohan Singh inaugurated the<br />

new CBI Headquarters building at<br />

5-B, CGO Complex, Lodhi Road, New<br />

Delhi. Union Home Minister Shri P.<br />

Chidambaram, Union Law Minister<br />

Shri M. Veerappa Moily, Union<br />

Minister for HRD & Telecom Shri Kapil<br />

Sibal & Union Minister <strong>of</strong> State for<br />

Personnel Shri V. Narayanasamy also<br />

graced the occasion.<br />

Hon’ble Prime Minister unveiled a<br />

Stone at the entrance to the building<br />

and inaugurated the premises by<br />

cutting a ribbon at the reception<br />

lobby.<br />

Hon’ble Prime Minister addressed<br />

the CBI family, former Directors CBI<br />

& Senior Government <strong>of</strong>ficials on<br />

the 11th floor <strong>of</strong> the new building.<br />

Hon’ble Dr. Manmohan Singh hoped<br />

that the new building will provide CBI<br />

<strong>of</strong>ficers a congenial and comfortable<br />

habitat to work in.<br />

Addressing the gathering Minister <strong>of</strong><br />

State for Personnel Shri V. Narayansamy<br />

said that it is the endeavour <strong>of</strong> the<br />

Government to provide all necessary<br />

infrastructure to CBI to meet its<br />

pr<strong>of</strong>essional challenges. The new<br />

CBI building is one step taken by the<br />

Department <strong>of</strong> Personnel to provide<br />

better working conditions for CBI<br />

personnel.<br />

Shri V. Narayanasamy further said<br />

that proposals for construction <strong>of</strong><br />

residential-cum-<strong>of</strong>fice complexes for<br />

CBI at Guwahati, Imphal, Pune &<br />

Lucknow have either been approved or<br />

are at advanced stage <strong>of</strong> finalization.<br />

Director, CBI Shri Amar Pratap<br />

Singh in his address called that this a<br />

momentous occasion as CBI finally<br />

got a home <strong>of</strong> its own after 70 years.<br />

The Director said that the building<br />

combines aesthetics with conducive<br />

work environment. He hoped that with<br />

46 CBI Bulletin April - June 2011


all CBI <strong>of</strong>fices now in a single location,<br />

daily functioning will be smoothened<br />

and output increased.<br />

The new CBI Headquarters is housed<br />

in an imposing eleven storey building<br />

made <strong>of</strong> energy-efficient toughened<br />

glass and steel, and brings together all<br />

CBI's Delhi-based Branches under one<br />

ro<strong>of</strong>. This building, constructed by the<br />

NBCC has a distinctive architectural<br />

style and is designed to suit the<br />

functional requirements and workflow<br />

pattern <strong>of</strong> CBI.<br />

It aims at promoting functional<br />

efficiency and teamwork, with every<br />

branch being allocated a separate<br />

floor and having 'open <strong>of</strong>fices' fitted<br />

with smart modular workstations<br />

in a manner, which maximizes<br />

natural light in the building. Modern<br />

communication systems, advanced<br />

systems for maintaining records, fitted<br />

storage space and computerized<br />

access control are available, along with<br />

provision <strong>of</strong> add-on facility for new<br />

technology. Interrogation rooms, lockups,<br />

dormitories and Conference Halls<br />

are also provided at various floors.<br />

Hon’ble Prime Minister Dr. Manmohan Singh, inaugurating the new CBI Headquarters<br />

Building at 5-B, CGO Complex, Lodhi Road, New Delhi on 30th April, 2011<br />

The new CBI Headquarters <strong>of</strong>fers to<br />

its staff a large cafeteria, which can<br />

accommodate 500 persons, separate<br />

gyms for men and women, a terrace<br />

garden and a double level basement<br />

parking for about 470 vehicles. An<br />

advanced fire-fighting system, as well<br />

as power back-up is provided. There<br />

is a well-designed Press Briefing<br />

Room and Media Lounge. A Gallery<br />

showcasing the history and landmark<br />

achievements <strong>of</strong> the CBI is also part<br />

<strong>of</strong> the building. In short, the new<br />

building stands proud in the heart <strong>of</strong><br />

the National Capital.<br />

The front look <strong>of</strong> the new CBI Headquarters Building<br />

CBI Bulletin April - June 201147


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In Home News<br />

CBI filed charge-sheet against<br />

nine accused persons and<br />

three private companies<br />

relating to issuance <strong>of</strong> UAS<br />

Licences & 2G Spectrum<br />

CBI filed a charge-sheet against nine<br />

accused persons and three private<br />

companies in the Court <strong>of</strong> Special Judge<br />

for CBI Cases, Patiala House Courts, New<br />

Delhi relating to the issuance <strong>of</strong> new<br />

Unified Access Services Licences and<br />

subsequent allocation <strong>of</strong> 2G Spectrum.<br />

The investigation relating to the issuance<br />

<strong>of</strong> new Unified Access Services Licences<br />

and subsequent allocation <strong>of</strong> 2G Spectrum<br />

during 2008-2009, established commission<br />

<strong>of</strong> <strong>of</strong>fences punishable u/s 120-B, 420, 468,<br />

471 <strong>of</strong> IPC & Section 13(2) r/w 13(1)(d) <strong>of</strong><br />

the Prevention <strong>of</strong> Corruption Act, 1988<br />

and substantive <strong>of</strong>fences there<strong>of</strong> against the<br />

then Telecom Minister; the then Secretary<br />

(Telecom); the then Private Secretary to<br />

the then Telecom Minister; two Directors<br />

<strong>of</strong> Mumbai-based private company, who<br />

were also Promoters <strong>of</strong> a Mumbai-based<br />

private company; Managing Director <strong>of</strong><br />

a Gurgaon-based Real Estate Company,<br />

and Group Managing Director & two<br />

Senior Vice Presidents <strong>of</strong> a Mumbai-based<br />

Telecom Company. Two Mumbai-based<br />

private telecom companies and one<br />

Gurgaon (Haryana)-based private telecom<br />

company also named in the charge-sheet.<br />

CBI registered a case against<br />

seven <strong>of</strong>ficials <strong>of</strong> DDA &<br />

CPWD and a private firm<br />

relating to laying <strong>of</strong> Synthetic<br />

Outdoor Flat Lawn Bowl<br />

Greens for CWG - 2010<br />

CBI registered a case against seven <strong>of</strong>ficials<br />

<strong>of</strong> DDA & CPWD and one Delhi-based<br />

private firm on the allegations <strong>of</strong> conspiracy,<br />

cheating and misuse <strong>of</strong> <strong>of</strong>ficial position by<br />

the accused to cause undue benefit to the<br />

private firm. The firm provided and laid<br />

Synthetic Outdoor Flat Lawn Bowl Greens<br />

for Commonwealth Games - 2010 at<br />

New Delhi in which the accused <strong>of</strong>ficials<br />

<strong>of</strong> CPWD and DDA allegedly inflated the<br />

cost <strong>of</strong> the contract from the estimate <strong>of</strong><br />

Rs. 6 crore (approx.) to Rs. 9.88 crore<br />

(approx.) by including allegedly false<br />

amounts against its cost, transportation, etc.<br />

Searches conducted at 20 places in Delhi<br />

& Noida, at the <strong>of</strong>fices and residential<br />

premises <strong>of</strong> the accused <strong>of</strong>ficials <strong>of</strong><br />

CPWD & DDA as well as the firm and<br />

its Directors, resulted in the recovery<br />

<strong>of</strong> many incriminating documents.<br />

CBI arrests an Inspector<br />

<strong>of</strong> CISF for accepting a<br />

bribe <strong>of</strong> Rs. one lakh<br />

CBI arrested an Inspector <strong>of</strong> <strong>Central</strong><br />

Industrial Security Force (CISF) posted<br />

at 4th Battalion, Naradpura, Jaipur for<br />

demanding and accepting a bribe <strong>of</strong><br />

Rs. one lakh from the complainants.<br />

The accused, an Inspector <strong>of</strong> CISF allegedly<br />

demanded a bribe <strong>of</strong> Rs. 50,000/- each<br />

from four Constables <strong>of</strong> CISF, Naradpura,<br />

Jaipur to relieve them from their duties<br />

from CISF after resignation. On negotiation,<br />

the demand was reduced to Rs. 25,000/-<br />

from each <strong>of</strong> the Constables. A complaint<br />

was lodged with CBI, Jaipur. The CBI<br />

registered a case against the Inspector and<br />

laid a trap. The accused was caught redhanded<br />

while demanding and accepting a<br />

bribe <strong>of</strong> Rs. one lakh from the Constables.<br />

Searches were also conducted at his present<br />

residence at Jaipur; permanent residence<br />

in District Mau (U.P.) and also at his <strong>of</strong>fice<br />

premises at CISF, Naradpura, Jaipur.<br />

CBI arrested an Income<br />

Tax Officer for demanding<br />

& accepting a bribe<br />

<strong>of</strong> Rs. one lakh<br />

CBI arrested an Income Tax Officer posted<br />

in Ward-1, Warangal (Andhra Pradesh)<br />

for demanding and accepting a bribe<br />

<strong>of</strong> Rs. one lakh from the complainant.<br />

A case was registered u/s 7 <strong>of</strong> P.C. Act,<br />

1988 against the Income Tax Officer,<br />

Ward-1, Warangal on the basis <strong>of</strong> written<br />

complaint lodged by the complainant, a<br />

Civil Surgeon, on the allegation that the<br />

accused demanded an illegal gratification<br />

<strong>of</strong> Rs.1,00,000/- from the complainant for<br />

doing favour in the matter <strong>of</strong> assessment<br />

<strong>of</strong> income tax. A trap was laid and the<br />

accused was caught red-handed while<br />

demanding and accepting a bribe <strong>of</strong><br />

Rs. 1,00,000/- from the complainant.<br />

Searches were conducted at five different<br />

places, which led to recovery <strong>of</strong> expenditure<br />

receipts for establishment <strong>of</strong> a hotel at<br />

Araku Valley in Visakhapatnam in the name<br />

<strong>of</strong> his wife and an amount <strong>of</strong> Rs. 80,000/-.<br />

The accused was produced before the<br />

Special Judge for CBI Cases, Hyderabad<br />

and remanded to Judicial custody.<br />

CBI arrested an Inspector <strong>of</strong><br />

<strong>Central</strong> <strong>Bureau</strong> <strong>of</strong> Narcotics<br />

and a private person in a<br />

bribery case <strong>of</strong> Rs. three lakh<br />

CBI registered a case u/s 120-B <strong>of</strong> IPC r/w<br />

Section 7, 8 and 10 <strong>of</strong> the Prevention <strong>of</strong><br />

Corruption Act, 1988 on the basis <strong>of</strong> written<br />

complaint against an Inspector <strong>of</strong> <strong>Central</strong><br />

<strong>Bureau</strong> <strong>of</strong> Narcotics, Garoth, District<br />

Mandsore and a private person R/o Village<br />

Shyam Garh, Mandsore. It was alleged that<br />

they had demanded a bribe <strong>of</strong> Rs. 10 lakh<br />

from the complainant as a motive for not<br />

implicating the complainant in NDPS case<br />

<strong>of</strong> <strong>Central</strong> <strong>Bureau</strong> <strong>of</strong> Narcotics and removing<br />

his name from the case. After negotiations,<br />

the amount was first reduced to Rs. 8 lakh<br />

and it then further reduced to Rs. 7 lakh.<br />

CBI laid a trap and the private person was<br />

caught red-handed while demanding and<br />

accepting a bribe <strong>of</strong> Rs. 3 lakh from the<br />

complainant on behalf <strong>of</strong> Inspector, <strong>Central</strong><br />

<strong>Bureau</strong> <strong>of</strong> Narcotics, Garoth, District<br />

Mandsore. The Inspector was also arrested.<br />

Searches were conducted at the <strong>of</strong>ficial<br />

as well as residential premises <strong>of</strong> the<br />

accused persons. From the residential<br />

premises <strong>of</strong> accused, an <strong>of</strong>ficial <strong>of</strong><br />

<strong>Central</strong> <strong>Bureau</strong> <strong>of</strong> Narcotics, NDPS<br />

substances have been recovered.<br />

CBI Bulletin April - June 201149


Both the arrested accused were<br />

produced before the Special Judge for<br />

CBI Cases, Indore and were remanded<br />

to Police custody for five days.<br />

CBI registered three cases<br />

against a local Recruiting<br />

Agent; Officers <strong>of</strong> Protector<br />

<strong>of</strong> Emigrants and others<br />

relating to illegal human<br />

trafficking <strong>of</strong> Indian workers<br />

CBI registered three cases against a local<br />

Recruiting Agent (Delhi-based); three<br />

private firms; the then certain <strong>of</strong>ficers<br />

<strong>of</strong> Protector <strong>of</strong> Emigrants and other<br />

private persons with regard to illegal<br />

human trafficking <strong>of</strong> Indian workers.<br />

The allegations against local Recruiting Agent<br />

(Delhi-based) are that he and other Agents<br />

in connivance with <strong>of</strong>ficials <strong>of</strong> Protector<br />

<strong>of</strong> Emigrants based at Delhi, Mumbai and<br />

Chandigarh were obtaining emigration<br />

clearance in respect <strong>of</strong> unskilled workers<br />

on the basis <strong>of</strong> false and forged documents.<br />

Searches were conducted at 38 residential/<br />

<strong>of</strong>ficial premises <strong>of</strong> local Recruiting<br />

Agent (Delhi-based), public servants<br />

and other private persons at Delhi,<br />

Mumbai, Chandigarh and Hyderabad<br />

in the three different cases registered in<br />

respect <strong>of</strong> this human trafficking racket.<br />

Several incriminating documents/material<br />

were recovered during the searches.<br />

CBI arrested the then<br />

Chairman <strong>of</strong> Organizing<br />

Committee <strong>of</strong> CWG - 2010<br />

in ongoing investigation<br />

<strong>of</strong> a CWG case<br />

CBI arrested the then Chairman <strong>of</strong><br />

Organizing Committee <strong>of</strong> Commonwealth<br />

Games - 2010 for conspiracy to cause favour<br />

to a private firm based in Switzerland in<br />

awarding the contract for Timing, Scoring<br />

& Result System at an inflated cost <strong>of</strong> Rs.<br />

141 crore. In this connection, the then<br />

Secretary-General and the then Director-<br />

General <strong>of</strong> the Organizing Committee<br />

were also arrested on 23-2-2011.<br />

It was alleged that <strong>of</strong>ficials <strong>of</strong> the<br />

Organizing Committee had conspired<br />

with representatives <strong>of</strong> the private firm in<br />

Switzerland and the contract for Timing,<br />

Scoring, Result was awarded by wrongfully<br />

restricting and eliminating competition<br />

from other suppliers in pre-meditated and<br />

planned manner. <strong>Investigation</strong> revealed<br />

that the Committee for shortlisting<br />

prospective bidders for TSR was constituted<br />

by selecting handpicked <strong>of</strong>ficials.<br />

<strong>Investigation</strong> also revealed that members<br />

<strong>of</strong> the tenders evaluation committee were<br />

coerced and threatened to disqualify other<br />

bidders. <strong>Investigation</strong> further revealed<br />

that Indian representatives <strong>of</strong> the favour<br />

supplier were in regular contact with 3<br />

arrested Organizing Committee <strong>of</strong>ficials<br />

much before the award <strong>of</strong> tender.<br />

Wrongful loss <strong>of</strong> approximately Rs. 95<br />

crore was caused to the Public Exchequer.<br />

CBI filed supplementary<br />

Charge-sheet against<br />

eight accused persons<br />

relating to Issuance <strong>of</strong> UAS<br />

Licences & 2G Spectrum<br />

CBI filed a supplementary charge-sheet<br />

against eight accused persons u/s 120-B<br />

IPC read with Section 7/11 & 12 <strong>of</strong> P.C. Act,<br />

1988 in the Court <strong>of</strong> Special Judge for CBI<br />

Cases, Patiala House Courts, New Delhi.<br />

The investigation relating to the issuance<br />

<strong>of</strong> new Unified Access Services Licences<br />

and subsequent allocation <strong>of</strong> 2G Spectrum<br />

during 2008-2009 established commission<br />

<strong>of</strong> <strong>of</strong>fences punishable u/s 120-B IPC<br />

read with Section 7/11 & 12 <strong>of</strong> P.C. Act,<br />

1988 against the then Union Telecom<br />

Minister; two Directors <strong>of</strong> Mumbaibased<br />

private company who were also<br />

promoters <strong>of</strong> a Mumbai-based private<br />

Telecom company, two Directors <strong>of</strong><br />

another Mumbai-based private company;<br />

one Director <strong>of</strong> Mumbai-based private<br />

film company and one Director and one<br />

partner <strong>of</strong> Chennai-based private TV<br />

company are liable to be prosecuted.<br />

CBI registered a case in<br />

connection with alleged<br />

murder <strong>of</strong> Tulsi Prajapati<br />

In pursuance to the Orders <strong>of</strong> the Hon’ble<br />

Supreme Court <strong>of</strong> India dated 8-4-<br />

2011 on the Writ Petition filed by Smt.<br />

Narmada Bai, mother <strong>of</strong> the deceased<br />

Tulsi Prajapati, CBI registered a case<br />

against certain Police <strong>of</strong>ficials <strong>of</strong> Gujarat<br />

& Rajasthan and others for their alleged<br />

involvement in the criminal conspiracy <strong>of</strong><br />

wrongful restraint, wrongful confinement,<br />

abduction and murder <strong>of</strong> Tulsi Prajapati<br />

and causing disappearance <strong>of</strong> evidence<br />

in the matter there<strong>of</strong>. The investigation <strong>of</strong><br />

the case was entrusted to the S.I.T., which<br />

had earlier performed the investigation<br />

<strong>of</strong> Sohrabuddin Fake Encounter Case.<br />

Purulia Arms Dropping Case:<br />

Evidence against Kim Davy<br />

During the investigation by CBI in<br />

the Purulia Arms Dropping Case, no<br />

evidence whatsoever came to light that<br />

any Government agency helped Neils<br />

Holck @Kim Davy in his crime by way<br />

<strong>of</strong> commission or omission. On the<br />

contrary, intelligence agencies helped<br />

the CBI in a big way to collect evidence<br />

against him and his co-accused persons.<br />

No evidence <strong>of</strong> any Indian politician<br />

helping him in his escape came to light.<br />

During the investigation, a Laptop belonging<br />

to the accused was seized by CBI, containing<br />

more than 50,000 pages, wherein Kim<br />

Davy has given elaborate details about his<br />

plan and preparation <strong>of</strong> the crime. This is<br />

clinching evidence against him. Nowhere<br />

has he mentioned anything about any<br />

likely help from any Indian <strong>of</strong>ficial agency.<br />

CBI is making all effort to bring him to<br />

India and face trial in the Competent<br />

Court in India. Kim Davy will have all<br />

the opportunity to put forth his version in<br />

open court. CBI has been able to establish<br />

in the court in India that crime committed<br />

by Kim Davy and other accused amount<br />

to an act <strong>of</strong> terrorism. CBI has also been<br />

able to establish the same to the Danish<br />

Government. Kim Davy is attempting<br />

to portray this heinous crime as an act<br />

<strong>of</strong> self-defence to avoid his extradition.<br />

Red Corner Notice against Kim Davy was<br />

issued in 1996. With the help <strong>of</strong> Interpol,<br />

India traced him in Copenhagen. Sincere<br />

efforts have been made by CBI to extradite<br />

him, but as there is no Extradition Treaty<br />

between India and Denmark, the process<br />

has taken time. Due to persistent efforts<br />

by CBI and MEA, the Government <strong>of</strong><br />

Denmark has been convinced about<br />

his role in <strong>of</strong>fences committed in India<br />

and had agreed to extradite him. The<br />

matter is now in the Danish High Court.<br />

50 CBI Bulletin April - June 2011


The Purulia Arms Dropping Case was<br />

registered by CBI on 28th December, 1995.<br />

CBI arrested the Chief<br />

Parliamentary Secretary,<br />

Punjab and an <strong>of</strong>ficial <strong>of</strong><br />

Registrar, Firms & Societies,<br />

Punjab in a bribery<br />

case <strong>of</strong> Rs.1.5 crore<br />

CBI arrested Chief Parliamentary Secretary,<br />

Punjab and an <strong>of</strong>ficial <strong>of</strong> Registrar, Firms<br />

& Societies, Punjab in a bribery case.<br />

CBI registered a case u/s 8 <strong>of</strong> Prevention<br />

<strong>of</strong> Corruption Act against an <strong>of</strong>ficial <strong>of</strong><br />

Registrar, Firms & Societies, Punjab on<br />

the basis <strong>of</strong> a complaint received from<br />

Secretary <strong>of</strong> an Association alleging demand<br />

<strong>of</strong> bribe <strong>of</strong> Rs. 1.5 crore by the <strong>of</strong>ficial, <strong>of</strong><br />

Registrar, Firms & Societies, Punjab, Sector<br />

17, Chandigarh for closing the complaint<br />

against the Association without any action.<br />

The accused also threatened that in case <strong>of</strong><br />

non-payment <strong>of</strong> the bribe amount, control<br />

<strong>of</strong> the Association shall be taken over by<br />

the Government and a criminal case will<br />

be registered against the <strong>of</strong>fice-bearers <strong>of</strong><br />

the Association. The accused <strong>of</strong>ficial also<br />

allegedly told the complainant that he has<br />

approached a Minister in Punjab Cabinet<br />

through Chief Parliamentary Secretary for<br />

closing the complaint. He said that initially<br />

an amount <strong>of</strong> Rs. 2 crore was demanded<br />

for settling this matter but, however, he has<br />

been able to reduce it to Rs. 1.5 crore. The<br />

accused <strong>of</strong>ficial also allegedly told that the<br />

bribe amount was to be delivered at the<br />

residence <strong>of</strong> Chief Parliamentary Secretary.<br />

A trap was laid at the residence <strong>of</strong> the<br />

Chief Parliamentary Secretary, Punjab.<br />

The accused <strong>of</strong>ficial <strong>of</strong> Registrar, Firms<br />

& Societies and the Chief Parliamentary<br />

Secretary, Punjab have been arrested<br />

and produced before the Special<br />

Judge for CBI Cases, Chandigarh.<br />

CBI registered a case<br />

in connection with<br />

Merchandising and Online<br />

Retails Concessionaire<br />

for CWG Games-2010<br />

CBI registered a case against six Senior<br />

Officers <strong>of</strong> Organizing Committee, CWG<br />

- 2010 and two private companies for<br />

extending undue favour to a private<br />

company appointed as <strong>of</strong>ficial Master<br />

Licensee for Merchandising and On<br />

- line & Retail Concessionaire for<br />

Commonwealth Games - 2010 against a<br />

minimum royalty amount <strong>of</strong> Rs. 7.05 crore.<br />

It is alleged that the then Director-General,<br />

the then JDG (Finance), the then DDG<br />

(Legal), the then DDG (Procurement), the<br />

then ADG (F&A) & the then ADG (Image<br />

& Look), all <strong>of</strong> Organizing Committee<br />

(OC) CWG - 2010 entered into a<br />

criminal conspiracy with the Director <strong>of</strong><br />

a private company and Chairman <strong>of</strong> a<br />

private company and others. The said<br />

OC Officers, by abusing their <strong>of</strong>ficial<br />

positions, extended undue favour to<br />

the private company in appointing it as<br />

<strong>of</strong>ficial Master Licensee for Merchandising<br />

and On-line & Retail Concessionaire<br />

for CWG - 2010 for sportswear, casual<br />

wear, kids wears etc. against a minimum<br />

royalty amount <strong>of</strong> Rs. 7.05 crore.<br />

It is further alleged that after scrapping<br />

<strong>of</strong> the earlier bid on flimsy grounds, the<br />

Evaluation Committee <strong>of</strong> the OC CWG -<br />

2010, dishonestly considered the private<br />

company on the basis <strong>of</strong> the goodwill <strong>of</strong> its<br />

parent company, and on negotiations, the<br />

said private company submitted an <strong>of</strong>fer <strong>of</strong><br />

Rs. 5.20 crore for acquiring all the rights<br />

<strong>of</strong> Master Licensee for Merchandising.<br />

Thereafter, the private company submitted<br />

two cheques amounting to Rs. 3.525 crore,<br />

but the same were dishonoured by the<br />

bank and as such, the OC did not receive<br />

any amount from the private company.<br />

Thus, it is alleged that the accused private<br />

company actually used the CWG brand<br />

properties and earned a huge pr<strong>of</strong>it, but<br />

did not pay anything to the OC, and the<br />

accused public servants caused huge<br />

pecuniary advantage to Director <strong>of</strong> the<br />

private company and corresponding<br />

wrongful loss to the Government Exchequer.<br />

Searches in this case were conducted<br />

at 10 places in Delhi, Gurgaon,<br />

Panchkula, Chandigarh & Mumbai.<br />

CBI arrested a PS <strong>of</strong> a Minister<br />

in Punjab Government<br />

CBI arrested a Private Secretary to the Minister<br />

<strong>of</strong> Technical Education, Social Security,<br />

Women & Child, Government <strong>of</strong> Punjab in<br />

the ongoing investigation <strong>of</strong> a bribery case.<br />

The arrested accused was produced before<br />

the Special Judge for CBI Cases, Chandigarh<br />

and remanded to one-day Police custody.<br />

The CBI had earlier registered a case under<br />

Section 8 <strong>of</strong> P.C. Act against the <strong>of</strong>ficial<br />

<strong>of</strong> Registrar (Firms & Societies), Punjab,<br />

Sector 17, Chandigarh for demanding a<br />

bribe <strong>of</strong> Rs. 1.5 crore from the complainant<br />

for showing a favour. A trap was laid.<br />

The accused <strong>of</strong>ficial <strong>of</strong> Registrar (Firms &<br />

Societies), Punjab, Sector-17, Chandigarh<br />

and the Chief Parliamentary Secretary,<br />

Punjab were earlier arrested in this case.<br />

CBI registered a case against<br />

DIG, ITBP and others for<br />

allegedly obtaining bribes<br />

CBI registered a case against the then<br />

DIG, ITBP, Dehradun presently posted<br />

as DIG (Administration) at NICFS, Delhi;<br />

Deputy Commandant, ITBP, 3rd Battalion,<br />

Bareily; Assistant Commandant, ITBP,<br />

SHQ, Bareily and Head Constable (PSO<br />

to the then DIG), ITBP Dehradun u/s<br />

120-B, 468, 471 IPC and 13(2) r/w<br />

13(1)(d) <strong>of</strong> P.C. Act, 1988 for allegedly<br />

obtaining bribes from candidates for their<br />

selection as Constables/Head Constables.<br />

It was alleged that they being the members<br />

<strong>of</strong> a Selection Committee to select 84<br />

numbers <strong>of</strong> Constables/Head Constables<br />

through Departmental Selection process<br />

had obtained illegal gratification from<br />

the candidates for favouring them in<br />

the Selection process. In the process,<br />

the then DIG, ITBP, Dehradun was the<br />

Chairman <strong>of</strong> the Selection Committee.<br />

Searches were conducted at the <strong>of</strong>ficials<br />

& residential premises <strong>of</strong> the accused<br />

persons at Delhi, Dehradun, Bareilly<br />

and Chandigarh, which yielded a<br />

recovery <strong>of</strong> incriminating documents.<br />

Clarification regarding<br />

investigation relating to<br />

Adarsh Cooperative Housing<br />

Society Case, Mumbai<br />

In connection with the investigation<br />

relating to the Adarsh Cooperative<br />

Housing Society, Mumbai, the Union<br />

Ministry <strong>of</strong> Environment & Forests (MoEF)<br />

and other <strong>Central</strong> and State Government<br />

Departments are cooperating on all issues,<br />

and, restructuring documents/files, which<br />

may not be readily available with them.<br />

CBI Bulletin April - June 201151


CBI had registered a case on 29-1-2011<br />

against 13 accused belonging to Army,<br />

DEO (Defence Estate Office), Government<br />

<strong>of</strong> Maharashtra, public servants and<br />

unknown persons in connection with the<br />

Adarsh Housing Society investigation.<br />

Another case relating to a missing file<br />

was also registered, wherein the notesheet<br />

<strong>of</strong> the file belonging to the Urban<br />

Development Department <strong>of</strong> Government<br />

<strong>of</strong> Maharashtra was found missing. In this<br />

case, arrests were also made to trace the<br />

documents and identify the culprit, who<br />

had removed the note-sheet from the file.<br />

The case was registered on the direction<br />

<strong>of</strong> Hon’ble High Court <strong>of</strong> Bombay.<br />

CBI arrested 8 dummy<br />

candidates for appearing<br />

in All India Pre-<br />

Medical Test - 2011<br />

CBI registered a case against some <strong>of</strong> the<br />

medical courses aspiring candidates for<br />

securing admission in Medical Colleges in<br />

India through All India Pre-Medical Test -<br />

2011 with the help <strong>of</strong> dummy candidates.<br />

In this regard, raids were conducted<br />

at CBSE, AIPMT Kolkata Examination<br />

Centres to apprehend those candidates,<br />

who had appeared as dummy candidates<br />

on behalf <strong>of</strong> such aspiring candidates.<br />

As outcome <strong>of</strong> the said raid, 8 dummy<br />

candidates, including facilitators were<br />

arrested. It has also been found that<br />

the arrested dummy candidates are the<br />

students <strong>of</strong> different medical colleges<br />

and had appeared for the candidates in<br />

lieu <strong>of</strong> huge money already paid to them.<br />

Most Wanted Persons’<br />

List handed over to<br />

Pakistan during HSlevel<br />

INDO-PAK talk<br />

With reference to Most Wanted Persons’<br />

List which was handed to Pakistan during<br />

HS level INDO-PAK talk, after the first<br />

error was found out on 17-5-2011, a<br />

review <strong>of</strong> the Interpol List was undertaken.<br />

This review and Preliminary Enquiry<br />

revealed lapse regarding inclusion <strong>of</strong> Firoz<br />

Abdul Rashid Khan in the list <strong>of</strong> Most<br />

Wanted Persons handed over to Pakistan<br />

during the HS-level INDO-PAK talk. The<br />

information regarding the arrest <strong>of</strong> Abdul<br />

Rashid Khan was intimated to the Interpol<br />

Wing <strong>of</strong> CBI in February 2010. The lapse<br />

occurred on the part <strong>of</strong> an <strong>of</strong>ficial, who<br />

failed to request Interpol Lyon for the<br />

cancellation <strong>of</strong> Red Corner Notice and to<br />

update the records <strong>of</strong> Interpol Wing, CBI.<br />

Taking swift action against the concerned<br />

<strong>of</strong>ficial and immediate Supervisory Officer<br />

responsible for the lapse, an Inspector<br />

has been suspended and two other<br />

Supervisory Officers <strong>of</strong> the rank <strong>of</strong> SP<br />

and DSP have been transferred pending a<br />

detailed enquiry. The Interpol Wing <strong>of</strong> CBI<br />

is carrying out a thorough review <strong>of</strong> the<br />

remaining persons on the Most Wanted<br />

List. Director, CBI ordered a complete<br />

review <strong>of</strong> the working <strong>of</strong> the Interpol Wing<br />

by an <strong>of</strong>ficer <strong>of</strong> the rank <strong>of</strong> Joint Director.<br />

Media reports regarding<br />

Arrest Warrant for Kim<br />

Davy: Clarification<br />

The Non-Bailable Warrant issued by the<br />

Metropolitan Magistrate, Kolkata was duly<br />

sent to the Danish authorities along with<br />

request for extradition <strong>of</strong> Niels Holck @<br />

Kim Davy to India. On the basis <strong>of</strong> relevant<br />

case records and the warrant issued by<br />

Kolkata Court, the Ministry <strong>of</strong> Justice,<br />

Government <strong>of</strong> Denmark passed an order<br />

<strong>of</strong> extradition <strong>of</strong> Niels Holck @Kim Davy.<br />

On the basis <strong>of</strong> the warrant issued by the<br />

Kolkata Court and subsequent extradition<br />

order issued by the Ministry <strong>of</strong> Justice,<br />

Denmark Niels Holck @Kim Davy was<br />

duly arrested on 9-4-2010 and kept in<br />

custody for one day. As per Danish Law, he<br />

was produced before a court, which passed<br />

an order that though in Judicial custody, he<br />

can stay with his family on condition <strong>of</strong> his<br />

reporting to police twice a week. Thus, in<br />

Indian terms, he was released by the court<br />

on conditional bail. Accordingly, Niels<br />

Holck @Kim Davy has been reporting to<br />

local police twice a week and attending<br />

court during hearings. His further arrest<br />

can only take place by an order <strong>of</strong> Danish<br />

Court hearing his extradition matter.<br />

After the Trial Court did not confirm its order<br />

<strong>of</strong> extradition <strong>of</strong> Niels Holck @Kim Davy to<br />

India the Ministry <strong>of</strong> Justice, Denmark filed<br />

an appeal before the Danish High Court.<br />

The High Court also maintained the bail<br />

condition and accordingly Niels Holck @<br />

Kim Davy is reporting to police twice a week.<br />

Thus, for all practical purpose, the warrant<br />

issued by Kolkata Court has been executed<br />

by the Danish Police on request <strong>of</strong> CBI. At<br />

present, status <strong>of</strong> Kim Davy is that <strong>of</strong> an<br />

accused person arrested and released on<br />

conditional bail by the court in Denmark.<br />

Moreover, as per Section 70(2) <strong>of</strong> Cr.P.C.,<br />

a warrant issued by a competent court<br />

remains in force till it is executed or it is<br />

cancelled by the same court. There is<br />

no question <strong>of</strong> a warrant getting expired<br />

as reported in a section <strong>of</strong> media.<br />

However, during the hearing <strong>of</strong> the appeal<br />

in Danish High Court, the Advocate for the<br />

accused Niels Holck @Kim Davy made<br />

a submission that the warrant against<br />

his client was old one. The Prosecutor,<br />

supported by the CBI team in Denmark<br />

opposed this plea with Indian and Danish<br />

Laws and facts, which was accepted by the<br />

Hon’ble Danish High Court and objection<br />

raised by the defence was not accepted.<br />

However, keeping the sensitivity and<br />

importance <strong>of</strong> the case it was decided<br />

to request the court in Kolkata to extend<br />

the execution date <strong>of</strong> the same warrant,<br />

which was duly done on 18-5-2011.<br />

However, this fact has no way affected<br />

the appeal proceedings in Danish High<br />

Court, which continued its hearings till<br />

19-5-2011 as decided earlier. The Danish<br />

High Court has concluded its hearing <strong>of</strong><br />

the appeal on 19.05.2011 and decided<br />

to pronounce the verdict before summer<br />

vacations beginning in month <strong>of</strong> July 2011.<br />

CBI filed charge-sheet<br />

against 9 accused persons,<br />

including the then Chairman<br />

<strong>of</strong> Organizing Committee<br />

and two private firms in a<br />

case relating to CWG - 2010<br />

CBI filed a charge-sheet against six the<br />

then <strong>of</strong>ficials <strong>of</strong> the Organizing Committee,<br />

including the then Chairman; three private<br />

persons and two companies in the TSR case<br />

pertaining to the Commonwealth Games -<br />

2010 in the Court <strong>of</strong> Special Judge CBI at<br />

Patiala House, New Delhi under Sections<br />

120-B read with Sections 420, 467, 468<br />

& 471 IPC and 13(2) read with 13(1)<br />

(d) <strong>of</strong> the Prevention <strong>of</strong> Corruption Act,<br />

1988 and substantive <strong>of</strong>fences there<strong>of</strong>.<br />

The persons/companies, who have been<br />

chargesheeted, are the then Chairman <strong>of</strong><br />

OC; the then Secretary-General <strong>of</strong> OC;<br />

52 CBI Bulletin April - June 2011


the then DG <strong>of</strong> OC; the then ADG (Sports),<br />

OC; the then DDG (Procurement), OC<br />

and the then Jt. DG (Finance), OC; two<br />

partners <strong>of</strong> Faridabad-based private<br />

firm; CMD <strong>of</strong> Hyderabad-based private<br />

construction company; Hyderabadbased<br />

private constructions company;<br />

and Switzerland-based private company.<br />

Earlier, CBI had registered a case on 29-<br />

11-2010 on the allegations that <strong>of</strong>ficials <strong>of</strong><br />

OC and private persons had entered into a<br />

conspiracy, in pursuance <strong>of</strong> which the public<br />

servants had abused their <strong>of</strong>ficial positions<br />

in order to manipulate the award <strong>of</strong> tender<br />

for Timing, Scoring & Result System for the<br />

Commonwealth Games to Switzerlandbased<br />

company at an exorbitant cost, in<br />

order to cause undue pecuniary advantage<br />

to the company and its representatives<br />

and wrongful loss to the Government.<br />

During the investigation, the allegations<br />

were substantiated and it was revealed<br />

that the chargesheeted the then <strong>of</strong>ficials<br />

<strong>of</strong> the OC had conspired with private<br />

chargesheeted persons and indulged<br />

in a series <strong>of</strong> forgeries, manipulations<br />

and machinations with an objective to<br />

award the TSR contract to Switzerlandbased<br />

company at an exorbitant net cost<br />

<strong>of</strong> approx. Rs. 157.62 crore (inclusive<br />

<strong>of</strong> taxes) as compared to a net bid <strong>of</strong><br />

Spain-based company for approx. Rs.<br />

62.01 crore (inclusive <strong>of</strong> taxes and<br />

sponsorships). Thus, a wrongful loss <strong>of</strong><br />

approx. Rs. 95.60 crore was caused to the<br />

OC and a corresponding gain to Swissbased<br />

company and its representatives<br />

by wilfully eliminating all competitors <strong>of</strong><br />

Swiss-based company. <strong>Investigation</strong> has<br />

further revealed that the representatives<br />

<strong>of</strong> Swiss-based company and the two<br />

partners <strong>of</strong> Faridabad-based firm actively<br />

conspired with the accused <strong>of</strong>ficials for<br />

getting the contract awarded to Swissbased<br />

company and received a payment <strong>of</strong><br />

approx Rs. 23.21 crore from Swiss-based<br />

company for certain perfunctory services.<br />

In this endeavour, they also conspired with<br />

the CMD <strong>of</strong> Hyderabad-based private<br />

constructions company, who raised highlyinflated<br />

and bogus invoices for approx.<br />

Rs. 11.28 crore for temporary cabling<br />

work, in order to justify the huge payment<br />

received from Swiss-based company.<br />

During the course <strong>of</strong> investigation,<br />

five arrested accused were sent to<br />

Judicial custody while the three private<br />

persons are absconding and arrest<br />

warrants are pending against them.<br />

Third Conference <strong>of</strong><br />

CBI Officers & Chief<br />

Vigilance Officers <strong>of</strong><br />

Public Sector Banks and<br />

Financial Institutions<br />

The Third Conference <strong>of</strong> CVOs <strong>of</strong> Public<br />

Sector Banks/Financial Institutions with<br />

CBI Officers was held in the new CBI<br />

Headquarters Building. The Director,<br />

CBI, Senior CBI <strong>of</strong>ficials and Chief<br />

Vigilance Officers <strong>of</strong> 31 Public Sector<br />

Banks/Financial Institutions were present.<br />

Delivering the Keynote Address, Director,<br />

CBI Shri Amar Pratap Singh said that<br />

CBI’s role is to investigate the criminality<br />

in bank frauds and it does not interfere in<br />

cases <strong>of</strong> prudent commercial judgement,<br />

even if such decisions involve risks<br />

or have resulted in losses to banks.<br />

The Director, CBI called upon banks<br />

to adapt to changing technology and<br />

to sensitize its <strong>of</strong>ficers to new methods<br />

<strong>of</strong> fraud, which are <strong>of</strong> late, noticed in<br />

electronic payments, technology-related<br />

payments like RTGS, Credit Cards, ATM,<br />

Cell Banking, Internet Banking, etc.<br />

Director, CBI said the Banking Sector has<br />

lost as much as Rs.1883 crore and Rs.<br />

2,017 crore during 2008-2009 and 2009-<br />

2010 respectively. These include over<br />

200 frauds <strong>of</strong> above Rs. one crore during<br />

each year. CBI Director Shri Amar Pratap<br />

Singh stated that banking <strong>of</strong>ficials are<br />

guiding Investigating Officers in scrutiny <strong>of</strong><br />

financial statement, credit appraisal, etc.,<br />

which has enhanced the pr<strong>of</strong>essionalism<br />

<strong>of</strong> CBI, in detecting bank frauds.<br />

The Conference discussed important issues,<br />

such as Preventive Vigilance, E-Tendering/<br />

E-Procurement and Forensic Auditing.<br />

The services <strong>of</strong> Bank Officers are being<br />

utilized in various branches <strong>of</strong> CBI, such<br />

as Bank Security and Fraud Cell, Economic<br />

Offences Unit and Anti Corruption Units<br />

in the CBI Headquarters as well as regions.<br />

CBI arrested a Joint Director<br />

(Office <strong>of</strong> D.G, Resettlement),<br />

Ministry <strong>of</strong> Defence and a<br />

Deputy Director-General,<br />

Ministry <strong>of</strong> Tribal Affairs<br />

in a bribery case<br />

CBI arrested a Joint Director working<br />

in the Office <strong>of</strong> Director-General <strong>of</strong><br />

Resettlement, Ministry <strong>of</strong> Defence, R.K.<br />

Puram, New Delhi and a Deputy Director-<br />

General, Ministry <strong>of</strong> Tribal Affairs, New<br />

Delhi in a bribery case <strong>of</strong> Rs. 60,000/-.<br />

CBI registered a case against Joint Director<br />

working in the Office <strong>of</strong> Director-General<br />

<strong>of</strong> Resettlement Ministry <strong>of</strong> Defence, R.K.<br />

Puram, New Delhi u/s 7, 8 & 9 <strong>of</strong> P.C.<br />

Act, 1988 on the basis <strong>of</strong> a complaint<br />

received. It was alleged in the complaint<br />

that the accused demanded a bribe <strong>of</strong> Rs.<br />

60,000/- from the complainant for getting<br />

his Annual Confidential Report upgraded.<br />

CBI laid a trap and the accused Joint<br />

Director (Office <strong>of</strong> DG <strong>of</strong> Resettlement,<br />

Ministry <strong>of</strong> Defence) was caught redhanded<br />

while demanding and accepting a<br />

bribe <strong>of</strong> Rs. 60,000/- from the complainant.<br />

The Deputy Director-General, Ministry <strong>of</strong><br />

Tribal Affairs was also arrested in this case.<br />

Searches were also conducted at the<br />

<strong>of</strong>ficial and residential premises <strong>of</strong><br />

both the arrested accused persons.<br />

CBI filed charge-sheet against<br />

16 accused in Dara Singh<br />

alleged fake encounter case<br />

CBI filed charge-sheet in the alleged fake<br />

encounter <strong>of</strong> Dara Singh in the Court <strong>of</strong><br />

Chief Judicial Magistrate, Jaipur u/s 120-B<br />

IPC r/w 302, 364, 346, 201, 218 IPC<br />

and substantive <strong>of</strong>fences there<strong>of</strong> against<br />

16 accused persons, the then Additional<br />

DG (Crime); the then SP (SOG); the then<br />

Additional SP (SOG); the then seven<br />

Sub-Inspectors; the then three Head<br />

Constables; the then two Constables, all <strong>of</strong><br />

Rajasthan Police and one private person.<br />

During the investigation, six accused were<br />

arrested and sent to Judicial custody.<br />

Remaining ten accused are absconding.<br />

CBI Bulletin April - June 201153


Proceedings u/s 82 & 83 Cr.P.C. have<br />

been initiated against all <strong>of</strong> them after<br />

obtaining Non-Bailable Warrants from<br />

the Competent Court. During the course<br />

<strong>of</strong> investigation, all accused persons<br />

were examined and given sufficient<br />

opportunity to present their plausible<br />

explanation/defence. Two accused (one<br />

Sub-Inspector and one Constable) had<br />

filed anticipatory bail and the same was<br />

rejected by the Sessions Court, Jaipur.<br />

Dara Singh, a resident <strong>of</strong> Village Mundital,<br />

District Churu, Rajasthan was allegedly killed<br />

by Special Operation Group, Rajasthan in<br />

the outskirts <strong>of</strong> Jaipur on 23-10-2006. On<br />

a petition filed by Smt. Sushila Devi wife<br />

<strong>of</strong> deceased Dara Singh, Hon’ble Supreme<br />

Court <strong>of</strong> India had directed CBI to take up<br />

the investigation. The investigation <strong>of</strong> this<br />

case is being monitored by the Division<br />

Bench <strong>of</strong> the Hon’ble Supreme Court. The<br />

CBI investigation revealed that Dara Singh<br />

was allegedly killed in a fake encounter<br />

in pursuance <strong>of</strong> a criminal conspiracy.<br />

CBI is further investigating u/s 173 (8) <strong>of</strong><br />

Cr.P.C., the role <strong>of</strong> some other persons for<br />

their alleged involvement in the conspiracy<br />

behind alleged killing <strong>of</strong> Dara Singh.<br />

CBI arrested seven accused<br />

and busts two rackets<br />

relating to manipulations<br />

in AIIMS PG Exam. held on<br />

8-5-2011 and in All India<br />

Pre-Veterinary Test<br />

held on 14-5-2011<br />

CBI arrested seven accused, including<br />

the main accused and busted two rackets<br />

relating to manipulations in AIIMS PG<br />

Exam. case held on 8-5-2011 and in All<br />

India Pre-Veterinary Test held on 14-5-<br />

2011. The arrested accused persons were<br />

produced before the Designated Court<br />

and were remanded to CBI custody.<br />

The alleged main accused is a doctor.<br />

In the All India Pre-Vet. Test held on 14-<br />

5-2011, the CBI registered a case against<br />

main accused; Proprietor & an employee<br />

<strong>of</strong> a private firm and others regarding<br />

manipulations in OMR Sheets for<br />

admission <strong>of</strong> a large number <strong>of</strong> candidates<br />

in B.V.Sc. & A.H. Course, 2011. It was<br />

alleged that the private firm was awarded<br />

contract by Veterinary Council <strong>of</strong> India for<br />

result processing, including manufacturing<br />

and scanning <strong>of</strong> OMR Sheets <strong>of</strong> the said<br />

examination. The accused in connivance<br />

with the candidates printed duplicate OMR<br />

Sheets <strong>of</strong> the said candidates bearing the<br />

same bar codes and replaced the original<br />

OMR Sheets by duplicate OMR Sheets in<br />

VCI <strong>of</strong>fice in order to get favourable result<br />

in the said examination. Incriminating<br />

documents were recovered during searches.<br />

Prior to this, the CBI had also registered<br />

a case regarding manipulation in the<br />

examination process <strong>of</strong> Post-Graduate<br />

Courses in AIIMS, New Delhi. It was<br />

alleged that the accused had entered into<br />

a criminal conspiracy with two employees<br />

<strong>of</strong> a private firm at New Delhi and others<br />

to manipulate the examination process<br />

<strong>of</strong> Post-Graduate Entrance Test <strong>of</strong> AIIMS.<br />

The accused persons used to contact<br />

candidates and assure them selection in<br />

the Entrance Test by manipulating their<br />

Answer (OMR) Sheets. The accused used<br />

to get the OMR Sheets <strong>of</strong> concerned<br />

candidates taken out through the two<br />

employees <strong>of</strong> the private firm and marking<br />

<strong>of</strong> unanswered questions (left blank by<br />

the candidates during the examination)<br />

was done by him and his associates. The<br />

two employees would then deposit the<br />

manipulated OMR Mark Sheets back<br />

before compilation <strong>of</strong> result. Hefty amounts<br />

were allegedly charged for such services.<br />

Searches conducted in Delhi and NCR at<br />

the residence <strong>of</strong> the main accused and<br />

his associates yielded recovery <strong>of</strong> original<br />

mark sheets; image <strong>of</strong> OMR Sheets <strong>of</strong><br />

suspected candidates; computer files<br />

relating to processing <strong>of</strong> result <strong>of</strong> AIIMS<br />

Post-Graduate Entrance Examination held<br />

on 8-5-2011 and blank cheques given<br />

by few candidates, who had appeared in<br />

the entrance examination. Incriminating<br />

material, including documents relating<br />

to the said examination as well as huge<br />

amount <strong>of</strong> cash recovered during the<br />

searches at the premises <strong>of</strong> employees <strong>of</strong><br />

a private firm. The prima facie scrutiny<br />

<strong>of</strong> seized documents indicates that at<br />

the time <strong>of</strong> scanning <strong>of</strong> OMR Sheets,<br />

the ovals were darkened <strong>of</strong> unanswered<br />

questions by the accused employees <strong>of</strong><br />

the private firm. It has been revealed that<br />

some candidates, who had answered only<br />

few questions and had left most <strong>of</strong> the<br />

answer sheet (OMR Sheet) blank, have<br />

secured high positions in the merit list<br />

published by AIIMS on 27th May, 2011.<br />

CBI arrested Joint Director <strong>of</strong><br />

CIB & RC under Ministry <strong>of</strong><br />

Agriculture in a bribery case<br />

CBI arrested a Joint Director <strong>of</strong> <strong>Central</strong><br />

Insecticide Board & Registration<br />

Committee, Ministry <strong>of</strong> Agriculture<br />

for demanding & accepting a bribe <strong>of</strong><br />

Rs. 40,000/- from the complainant.<br />

The complainant, authorized representative<br />

<strong>of</strong> a Hyderabad-based company<br />

had approached the Joint Director<br />

(Chemistry) <strong>of</strong> CIB&RC at Faridabad,<br />

who demanded Rs. 40,000/- as bribe for<br />

clearance <strong>of</strong> pending three files for the<br />

issuance <strong>of</strong> Registration Certificate for the<br />

purpose <strong>of</strong> manufacturing <strong>of</strong> pesticides.<br />

CBI laid a trap and the Joint Director,<br />

who called the complainant to his<br />

<strong>of</strong>fice at Faridabad along with the bribe<br />

amount, was caught red-handed while<br />

demanding & accepting a bribe <strong>of</strong> Rs.<br />

40,000/- from the complainant. Searches<br />

were also conducted at the <strong>of</strong>fice &<br />

residence premises <strong>of</strong> accused persons.<br />

Two accused sentenced to<br />

undergo 12 years’ Rigorous<br />

Imprisonment with fine <strong>of</strong> Rs.<br />

one lakh each for possession<br />

<strong>of</strong> contraband substances<br />

The Additional Session Judge, Fast Track<br />

Court-III, Gorakhpur, U.P., convicted<br />

two accused Amit Kumar Jaiswal @Amit<br />

and Mohd. Iqbal @Inderjeet Singh, both<br />

residence <strong>of</strong> Krishna Nagar, Kapilvastu<br />

(Nepal) for <strong>of</strong>fences punishable under<br />

sections 8 & 20 <strong>of</strong> NDPS Act. Both the<br />

accused were sentenced to undergo<br />

12 years’ Rigorous Imprisonment<br />

with a fine <strong>of</strong> Rs. one lakh each.<br />

Both the accused were arrested by CBI on<br />

18-10-2008, after recovery <strong>of</strong> 3.1 kgs. and<br />

3.0 kgs. <strong>of</strong> Charas (Hashish) respectively,<br />

from their conscious possession at<br />

54 CBI Bulletin April - June 2011


Railway Station, Gorakhpur, which was<br />

concealed by them in polythene pouches<br />

stitched in shape <strong>of</strong> a belt under their<br />

garments. After thorough investigation,<br />

a charge-sheet against the accused<br />

persons was filed in the Designated<br />

Court at Gorakhpur (UP) on 18-12-2008.<br />

The court found both the accused guilty<br />

for the <strong>of</strong>fence and convicted them.<br />

CBI registered a case against<br />

certain <strong>of</strong>ficers <strong>of</strong> MTNL;<br />

unknown <strong>of</strong>ficials <strong>of</strong> a<br />

private company and others<br />

for alleged irregularities in<br />

awarding work <strong>of</strong> broadcast<br />

network for CWG - 2010<br />

CBI registered a case against the then<br />

certain <strong>of</strong>ficers <strong>of</strong> MTNL and other<br />

unknown private persons <strong>of</strong> a Noida-based<br />

Private Company dealing in Optical Fibre<br />

Transmission u/s 120-B IPC and 13(2) r/w<br />

13(1)(d) <strong>of</strong> the Prevention <strong>of</strong> Corruption<br />

Act, 1988 on the allegations that MTNL<br />

awarded the work <strong>of</strong> broadcast network<br />

based on IP/MPLS Technology at an<br />

exorbitant price <strong>of</strong> approx. Rs. 570.12 crore<br />

by manipulating the specification in such a<br />

manner as to make them tailor made for<br />

the said bidder to the said private company.<br />

Though the broadcasting data transmission<br />

requirements for CWG - 2010 were very<br />

limited, based on optical fibre transmission,<br />

for which an initial estimate <strong>of</strong> approx. Rs.<br />

31.43 crore was prepared, the MTNL in<br />

their proposal included Broadcast Video<br />

Network based on IP/MPLS technology<br />

that grossly enhanced the network costing<br />

by Rs. 380.04 crore (approx.), allegedly<br />

with an intention to cause huge pecuniary<br />

advantage to the contracting firms. This<br />

resulted into huge loss to the Government<br />

Exchequer and wrongful gain to the Noidabased<br />

private company. The enhancements<br />

in the scope <strong>of</strong> work and engineering <strong>of</strong><br />

conditions <strong>of</strong> contract were made by the<br />

<strong>of</strong>ficials concerned <strong>of</strong> MTNL in such a<br />

manner that sub-contract could be awarded<br />

only to the said private limited company .<br />

After the registration <strong>of</strong> the case,<br />

searches were carried out in various<br />

parts <strong>of</strong> the country, including Delhi,<br />

Noida, Jaipur and Patna. During<br />

searches conducted, documents relating<br />

to immovable and movable property<br />

belonging to accused persons and other<br />

incriminating documents also recovered.<br />

CBI registered a case against<br />

an Additional Commissioner<br />

<strong>of</strong> Income Tax for possession<br />

<strong>of</strong> disproportionate assets<br />

Rs. 4.56 crore (approx.)<br />

CBI registered a case against an<br />

Addl. Commissioner (IRS-90) <strong>of</strong><br />

Income Tax, working in the Office <strong>of</strong><br />

Commissioner <strong>of</strong> Income Tax, Guntur<br />

for allegedly amassing disproportionate<br />

assets approx. Rs. 4.56 crore.<br />

It was alleged that the Addl. Commissioner<br />

<strong>of</strong> Income Tax, while working as<br />

public servant during the period 2000-<br />

2007, acquired assets in his name and<br />

in the name <strong>of</strong> his family members,<br />

which were disproportionate to his<br />

known sources <strong>of</strong> income to the<br />

tune <strong>of</strong> Rs. 4,56,63,105/- (approx.).<br />

Searches were conducted at the residential<br />

premises <strong>of</strong> Addl. Commissioner <strong>of</strong><br />

Income Tax (Guntur) at Vijayawada and<br />

recovered several incriminating documents<br />

pertaining to movable and immovable<br />

properties. During the searches, cash,<br />

Fixed Deposits & Travellers Cheques to<br />

the tune <strong>of</strong> Rs. 75.59 lakh; gold jewellery<br />

weighing about 6.6 kg. and silver items<br />

weighing about 49 kg. were recovered.<br />

CBI arrested a private person<br />

for accepting bribe <strong>of</strong> Rs. 7 lakh<br />

CBI arrested a private person in Jaipur<br />

(Rajasthan) for demanding and accepting<br />

illegal gratification <strong>of</strong> Rs. 7 lakhs from the<br />

complainant, who was facing a CBI trial case.<br />

It was alleged that the accused private<br />

person had demanded illegal gratification<br />

from the complainant on behalf <strong>of</strong> an <strong>of</strong>ficer,<br />

who was involved in the investigation <strong>of</strong> the<br />

CBI trap case, the complainant was facing.<br />

The accused was caught red-handed<br />

while demanding and accepting a bribe<br />

<strong>of</strong> Rs. 7 lakh from the complainant. The<br />

accused was produced before the court.<br />

CBI arrested a Divisional<br />

Engineer <strong>of</strong> Railways for<br />

accepting bribe <strong>of</strong> Rs. 50,000/-<br />

CBI arrested a Divisional Engineer<br />

<strong>of</strong> Indian Railway Service - 1995<br />

batch posted at Bhusawal Division<br />

(Maharashtra) for demanding and<br />

accepting a bribe <strong>of</strong> Rs. 50,000/- (Rs. Fifty<br />

thousand only) from the complainant.<br />

A case was registered against the accused<br />

for allegedly demanding a bribe <strong>of</strong> Rs.<br />

one lakh from the complainant for getting<br />

sanction <strong>of</strong> bills <strong>of</strong> Rs six lakh regarding<br />

painting work done by the complainant<br />

at Bhusawal Division, even though the<br />

work was executed. CBI laid a trap and the<br />

accused was arrested while demanding and<br />

accepting the bribe <strong>of</strong> Rs. 50,000/- as partpayment<br />

in his <strong>of</strong>fice from the complainant.<br />

Searches were conducted at the<br />

<strong>of</strong>ficial and residential premises <strong>of</strong> the<br />

accused, which yielded recovery <strong>of</strong><br />

cash & documents relating to bank<br />

accounts and 3 flats at Nagpur, besides<br />

other incriminating documents.<br />

The arrested accused was also<br />

produced before the Designated Court.<br />

CBI arrested an absconding<br />

accused in a forgery<br />

& cheating case<br />

CBI arrested an absconding accused, who<br />

was involved in the <strong>of</strong>fence <strong>of</strong> forgery,<br />

cheating & duping innocent public.<br />

A case was registered by the CBI u/s 420,<br />

467 and 468 <strong>of</strong> IPC against accused <strong>of</strong><br />

Visakhapatnam and others for cheating<br />

different persons by presenting forged<br />

documents purportedly issued by the<br />

Director, CBI; British High Commission &<br />

Union Finance Ministry (Government <strong>of</strong><br />

India) and using these forged documents<br />

as genuine, thereby inducing the innocent<br />

persons to part with huge amounts.<br />

During the course <strong>of</strong> investigation, it was<br />

found that the Visakhapatnam-based<br />

accused forged documents purportedly<br />

issued by the Director, CBI; Ministry <strong>of</strong><br />

Finance & British High Commission. The<br />

accused used these forged documents<br />

as genuine and cheated many persons<br />

to the tune <strong>of</strong> crores <strong>of</strong> rupees with the<br />

help <strong>of</strong> his vast network <strong>of</strong> associates<br />

spread in various parts <strong>of</strong> the country.<br />

CBI Bulletin April - June 201155


56 CBI Bulletin April - June 2011

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