Binary Magic illegal gateway exchange inflicting Rs 70 million loss to Government – Court reserves judgment – case adjourned till May 21, 2011.
ISLAMABAD: A cyber crime case involving a man accused of running unauthorized internet based gate way exchange under the brand and name of Binary Magic has caused a loss of Rs 70 million to the government of Pakistan. The accused Thursday filed an application to dismiss the case, which the Additional Sessions Judge Tanveer Meer reserved his final judgment on the case and adjourned it till May 21.
The complainant into the case was Pakistan Telecommunication Authority (PTA) Rawalpindi Zonal Director (Enforcement). A First Information Report (FIR) vide 21/ 05 dated 09/2005 was registered under sections 31 PTA 1996, r/v 36, 37 ETO 2002, 34/ 420 PPC against the accused.
PTA Zonal Director Sajjad Latif Awan submitted a complaint with Federal Investigation Agency (FIA) alleging therein that PTA had received a repot from manager network security and surveillance (NSS) of Pakistan Telecommunication Company Limited (PTCL) Islamabad on December 9, 2005, accusing Mr Ihsan ul haq, a resident of G-6/4, of terminating international voice traffic by an unauthorized internet based gateway exchange.
The accused Thursday filed an application before the competent court professing his innocence and that he falsely had been implicated in the case. He said that the case was lodged in 2005 and still lying for completion of prosecution evidence. He claimed the case had immensely disturbed the petitioner’s social life thus pleaded the court to dispose of the case.
The complainant submitted relevant record of all the calls terminated through this system. FIA accordingly initiated legal action by registering a case against the offense and obtained search warrant from the court of Judicial Magistrate. The FIA team raided the place where the accused Ihsan ul haq was found running an illegal gateway Exchange and was arrested at the spot.
Gateway server filled with 4Xvoice Cards, Main Server, CPU 4.PABX (Exchange Filled with voice cards2+4), Modem (Us Robotics 56 K) 7.D Link switch, bay lane unit 9.1inksys switches 10.2 x pads and other relevant record was confiscated during the raid.
The accused, over the probe, owned up to the offense that he had been perpetuating from the last four years. He had obtained IP address and 256 kbs International Bandwidth from a private service provider through wireless radio modem. He prepared certain software and received calls bypassing the gateways. He, in connivance with another perpetrator in Canada who transferred calls to him, forwarded these calls with the help of software in Pakistan.
According to FIA, the accused had installed and dumped very, secret, complex, and sophisticated software in his computer system for routing and terminating international voice to some other unknown place to provide long distance international services to the customer/subscribers in Pakistan.
FIA informed the court that the accused Ehsan had inflicted a loss of Rs 68828135.30 to public exchequer. The server, PCs & CPUs recovered during the raid from the possession of the accused had been sent to Director Personal Identification Secure Comparison and Evaluation System (PISCES) FIA for technical analysis.
According to PISCES report, the accused with the help of the software received calls from abroad bypassing gateway through wireless transferring calls. The accused transferred these calls to free subjecting the authorities to a loss of millions.
During investigation the accused failed to produce any license for running illegal mini exchange international gateway system. The accused was sent to judicial lockup on 17-12-2005 and after some hearings the court accepted his bail plea on 27-05-2010.
Subsequently, Additional Sessions Judge Thursday marked that the case was almost complete and needed no further evidence against accused. The court reserved its final judgment and adjourned the case till May 21.
(Published in “DailyTimes” on Friday, May 13, 2011)