Friday, March 27, 2009

Bank financed vehicles business in Afghanistan

A complaint was lodged by Farooq Aslam, Head South - FRMU Consumer & Retail Credit, Dubai Islamic Bank Pakistan Ltd, addressed to the Additional Director, FIA Crime Circle Karachi. It was regarding illegal Sale of Bank Financed Vehicle # ANR-134 (Toyota Premio/ Silver).

The above-mentioned vehicle was financed by the Bank for Farhan Hussain Zaidi (CNIC # 42101-66360441-1) for an amount of Rs10,80,000/-. Later the vehicle allegedly reported stolen in Karachi while as per car tracker device it was in Chaman. As per details, the vehicle was taken out of Karachi after Farhan called the tracker company and pre-informed that he is taking the vehicle to Quetta.

During this period the vehicle's battery was tampered with on several occasions. Farhan was out of contact during this time and finally when he was contacted, he said that the vehicle was with him in Karachi. He agreed to have the vehicle inspected near Safora Goth. When he finally came into contact, he said that unidentified persons near Soldier Bazaar had snatched his vehicle. He also said that he has lodged a complaint with the Police Station. In the light of above events and further to investigation in this matter, it was observed that he was involved in illegal selling of the mentioned vehicle to a third person. The tracker had stopped working since this incident indicating that it had been decommissioned after being tampered with.

An enquiry was registered at FIA Circle in compliance to the orders of competent authority and conducted accordingly. From the facts came on record during the course of enquiry, it was transpired that accused Syed Farhan Hussain Zaidi s/o Syed Munawar Husain Zaidi, of Buffer Zone North Karachi had planned to cheat/ defraud Dubai Islamic Bank and others. In pursuance thereof, accused succeeded to Auto Finance Rs10,80,000/- from Dubai Islamic Bank & purchased Vehicle No. ANR-134 Toyota Premio Silver being Bank's property.

Accused paid only one installment and he took the vehicle out of Karachi to Quetta by providing information to Tracker Company. The Tracker record revealed Battery of Vehicle was tampered on different occasions showing the location of Vehicle at Chaman/ Quetta. But accused lodged a false FIR with P.S. Soldier Bazaar Karachi that above vehicle was snatched from him by un-identified persons. On account of the above fraudulent acts accused Syed Farhan Hussain Zaidi had committed the offences of cheating/ fraud and thereby deprived complainant Bank of its property/ Vehicle No. ANR-134 of Rs10,80,000/-.

The above facts disclosed the commission of offence punishable u/s. 420 PPC. Hence, this case was accordingly registered against accused Syed Farhan Hussain Zaidi s/o Syed Munawar Hussain Zaidi, CNIC No. 42101-6636044-1 r/o. R-300 Sector 15-A/2 Buffer Zone North Karachi in compliance to the orders of the Director FIA Karachi.

It was established from the investigation conducted and evidences collected on record that the vehicle Toyota Premio was financed by the Bank to accused Farhan Hussain Zaidi, for an amount of Rs10,80,000/- which vehicle was allegedly reported stolen in Karachi whereas, as a matter of fact and irrefutable evidences of Tracker Management, the said vehicle was in Chaman the vehicle was taken out of Karachi after accused Syed Farhan Hussain Zaidi called the tracker company and pre-informed that he was taking the vehicle to Quetta. Accordingly, the subject vehicle was allowed to exit Karachi.

The vehicle's battery was tampered with on several occasions, and upon query from Tracker Company, accused Syed Farhan Hussain Zaidi made one pretext or the other and emphasised that the vehicle had come back to Karachi and was in his possession.

From the Movement Reports and Screen Prints produced by Tracker Management it was established beyond any shadow of doubt that the subject vehicle after exiting Karachi reached Chaman where its ignition remained off. Subject vehicle thereafter crossed the border and moved into Afghanistan. After that subject vehicle entered in "Non-Network Area" and was still there. The report status was that the system of the vehicle is active and shall report as and when it re-enters a "Network Area". On October 3, 2007 the subject vehicle re-entered the "Network Area" and started reporting inside Afghanistan. The said vehicle updated all its previous movement history up to October 3, 2007. The updated history showed that the said vehicle remained at area of Qandahar inside Afghanistan on July 11 and 12, 2008 and thereafter.

It was also established that the vehicle snatching report had been falsely lodged by accused Syed Farhan Hussain Zaidi with P.S. Soldier Bazaar, Karachi, since as per the monitoring system of Tracker Company the said vehicle never came to Karachi after it went inside Afghanistan. After October 3, 2007 it stopped reporting at the Tracker Base as subject vehicle had again entered in "Non-Network Area". On December 3, 2007 the said vehicle again entered the "Network Area" and reported at area Qandahar inside Afghanistan till December 3, 2007 giving Battery Tamper Alarms.

From the above facts and circumstances, it was established that accused Syed Farhan Hussain Zaidi willfully and deliberately obtained the vehicle on finance from the bank at 20/80% and defaulted after paying just one installment. He deliberately took the vehicle to Chaman in order to hoodwink the tracker system and sold out the vehicle there and never brought the same back to Karachi but kept on hoodwinking the tracker company by saying that the vehicle was in Karachi.

Accused disclosed during interrogation that he sold out said vehicles against amount of Rs9,00,000/- through one Mudassir who was known to him for the last about 7/8 years but Mudassir paid him only Rs2,50,000/- and disappeared from the market and switched off his cell phone.
The above acts of accused Syed Farhan Hussain Zaidi constituted the commission of offences punishable u/s 420 PPC for which he was liable to be prosecuted before Court.

Similarly, another complaint of illegal sale of bank financed vehicle (unregistered Toyota Corolla XLI/ Rose metallic) was received by Additional Director, Crime Circle, Federal Investigation Agency, Karachi Zone.

This vehicle was financed by the bank for Muhammad Ashiq (CNIC # 42101-4685765-5) for an amount of Rs7,77,750/-As per details, the vehicle was taken out of Karachi after Ashiq called the Tracker Company and pre-informed that he was taking the vehicle to Khuzdar. On 12th October 2007 the vehicle was reported in Quetta, as per the Vehicle Tracking device and there were battery tampering alarms being received from the device.

When the Tracker Company officials contacted on the given mobile number, Ashiq gave misleading information about location of vehicle and the person who was using it. As per investigation conducted in this case, the person on the phone was not Ashiq at all. Ashiq had been asked a number of times to visit the bank and sort out this issue but he did not cooperate. He had also not given any satisfactory answer regarding this incident, nor made any installment payments to the bank.

In light of the above events and further to investigation in this matter, it was observed that Ashiq was involved in illegal selling of the mentioned vehicle to a third party. The Tracker device had been decommissioned on the same date as mentioned above and the location of the vehicle was not known.

From the facts came on record during the course of enquiry it transpired that in the year 2007 accused Muhammad Ashiq S/o. Muhammad Afzal, R/o. House No. 59, Fazalabad Colony, Block-5, North Nazimabad, Karachi. CNIC No. 42101-4685768-5 planned to cheat/ defraud Dubai Islamic Bank. In pursuance thereof, accused succeeded to obtain Auto Finance of Rs7,77,750/- from Dubai Islamic Bank and purchased / financed Vehicle (unregistered Toyota Corolla XLI Rose Metallic) being Bank's property. Accused Muhammad Ashiq S/o Muhammad Afzal did not pay any installment and he took the vehicle out of Karachi. He informed Tracker Company that he was in Quetta, and on 12.10.2007 at 1904 hours the vehicle was present in Quetta as per Tracker Company's record which was showing its position as normal but after 2037 hours Tracker Device stopped reporting as Battery Tamper (as per record provided by Tracker Company). After above incident accused Muhammad Ashiq S/o. Muhammad Afzal vanished from scene along with vehicle and there was no trace either of vehicle or an accused.

The above facts disclosed the commission of offence U/s. 406, 420, 109 PPC. Hence, this case was accordingly registered against Muhammad Ashiq & others in compliance to the order of the Director, FIA, Sindh.

During the course of investigation, known addresses which were set by accused and his companions to show the bank his sound position for getting vehicle on lease were visited but it reveled that those were temporary. His residential address was correct but from the date of registration of case time and again efforts were made for his apprehension but he had gone underground. Later he was arrested and released on bail.

-Salman Saif