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citation codes
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  • SECURITIES AND EXCHANGE BOARD OF INDIA ACT 1992
  • provisions of SEBI Act, 1992 and PFUTP Regulations,
  • Section 12 A (a), (b), (c) of the SEBI Act, 1992 read with Regulation 3 (a), (b), (c), (d), 4 (1), 4 (2) (a), (d), (e),
  • Section 11 of the SEBI Act, 1992
  • Sections 11, 11(4) and 11B (1) read with Section 19 of the SEBI Act, 1992
  • Section 11 C (8) of the SEBI Act, 1992
  • Section 11B (2) and 11(4A) read with Section 15HA of SEBI Act, 1992
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Citation Codes
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citation codes
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  • SECURITIES AND EXCHANGE BOARD OF INDIA ACT 1992
  • provisions of SEBI Act, 1992 and PFUTP Regulations,
  • Section 12 A (a), (b), (c) of the SEBI Act, 1992 read with Regulation 3 (a), (b), (c), (d), 4 (1), 4 (2) (a), (d), (e),
  • Section 11 of the SEBI Act, 1992
  • Sections 11, 11(4) and 11B (1) read with Section 19 of the SEBI Act, 1992
  • Section 11 C (8) of the SEBI Act, 1992
  • Section 11B (2) and 11(4A) read with Section 15HA of SEBI Act, 1992
Smart Summary

Factual and Procedural Background

This opinion concerns an interim order cum show cause notice issued by the Securities and Exchange Board of India (SEBI) under Sections 11(1), 11(4), 11(4A), 11B(1), and 11B(2) of the SEBI Act, 1992, and related regulations. The proceedings arose from complaints alleging that certain unregistered persons used social media platforms, specifically the Telegram channel “bullrun2017”, to manipulate stock prices of small cap companies by issuing baseless and fraudulent stock recommendations to subscribers, thereby generating illegal profits. SEBI conducted an investigation spanning January 1, 2021 to November 12, 2021, including search and seizure operations at the premises of the identified noticees in Gujarat. The investigation revealed a scheme whereby the noticees accumulated shares in certain scrips, issued positive recommendations to induce public buying, and then sold their shares at inflated prices for unlawful gains. The noticees include six individuals, some related by family, who operated and administered the Telegram channel and associated WhatsApp groups. The investigation involved analysis of trade data, mobile phone contents, and depositions under oath from the noticees, confirming their roles in the manipulative scheme.

Legal Issues Presented

  1. Whether the noticees engaged in fraudulent and unfair trade practices in violation of Section 12A(a), (b), (c) of the SEBI Act, 1992 and Regulations 3 and 4 of the SEBI (Prohibition of Fraudulent and Unfair Trade Practices Relating to Securities Market) Regulations, 2003 (PFUTP Regulations) by manipulating stock prices through social media recommendations.
  2. Whether the noticees made unlawful gains through such manipulative practices that warrant impounding.
  3. Whether interim directions restraining the noticees from dealing in securities and requiring disgorgement of unlawful gains should be issued under Sections 11, 11(4), 11B of the SEBI Act, 1992.

Arguments of the Parties

The opinion does not contain a detailed account of the parties' legal arguments.

Table of Precedents Cited

Precedent Rule or Principle Cited For Application by the Court
N. Narayanan Vs. SEBI [(2013) 12 SCC 152] Need to curb market abuse to preserve market integrity and prevent unwarranted interference in market forces. The Court cited this precedent to emphasize the importance of preventing market manipulation and maintaining investor confidence, supporting SEBI's regulatory intervention.
Kishore Ajmera Vs. SEBI [AIR 2016 SC 1079] Role of regulatory mechanisms in pre-empting manipulative trading and boosting investor confidence. The Court relied on this precedent to underline the statutory purpose of fostering a trustworthy securities market environment and justifying SEBI's protective measures.

Court's Reasoning and Analysis

The Court undertook a detailed factual and evidentiary analysis, beginning with the complaints about unregistered persons manipulating stock prices via social media, specifically Telegram. It examined subscriber growth, channel content, and the administrative structure of the Telegram channel and related WhatsApp group, identifying the noticees as the administrators and primary actors.

Through forensic audit of seized electronic devices and depositions under oath, the Court found that the noticees operated a scheme where they pre-purchased shares in small cap companies, issued misleading and speculative recommendations to induce public buying, and then sold their shares at inflated prices, generating unlawful profits. The Court noted the false claims by the noticees about their qualifications and team expertise to mislead subscribers.

Trade data analysis corroborated the timing of trades relative to recommendations, revealing a pattern of buying before and selling after issuing bullish tips. The Court highlighted examples involving scrips like Total Transport and Metro Global, demonstrating price and volume impacts following the recommendations, and quantifying the unlawful gains made by the noticees collectively.

The Court observed that the noticees used the Telegram platform's one-way communication feature to disseminate speculative tips without accountability, creating a "fear of missing out" among subscribers and artificially inflating market demand and prices. The Court emphasized that such practices undermine market integrity and investor protection, core objectives of the SEBI Act.

Considering the technological evolution, the Court recognized SEBI's prior regulatory efforts to curb similar manipulative practices via bulk SMS and noted that the misuse of Telegram represents a new challenge circumventing existing safeguards.

Given the strength of the prima facie evidence, the Court found it necessary to invoke SEBI's powers under the SEBI Act to issue interim directions restraining the noticees from securities market participation and to impound the unlawful gains to prevent their dissipation. The Court stressed the urgency and public interest in safeguarding investor confidence and market integrity.

Holding and Implications

Holding: The Court held that the noticees have prima facie violated provisions of the SEBI Act, 1992 and PFUTP Regulations by engaging in fraudulent and unfair trade practices through the misuse of a Telegram channel to manipulate stock prices and earn unlawful profits. It issued an interim ex-parte order under Sections 11, 11(4), and 11B of the SEBI Act, 1992, restraining the noticees from dealing in securities and directing the impounding of unlawful gains amounting to INR 2,84,29,948.

Implications: The order restrains the noticees from buying, selling, or dealing in securities directly or indirectly until further orders, and mandates the deposit of the impounded amount in an interest-bearing escrow account with SEBI's lien. The noticees are also directed to provide a full inventory of their assets and are prohibited from alienating any assets without SEBI's permission. This interim measure aims to prevent dissipation of unlawful gains and protect investor interests and market integrity. The order serves as a show cause notice calling upon the noticees to respond to allegations and potential penalties. No new precedent is established, but the order reinforces SEBI's regulatory authority to act promptly against manipulative schemes facilitated by emerging social media technologies.

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    Interim Order in the matter of Stock Recommendations using Social Media channel Telegram

    __________________________________________________________________________________________

    Interim Order in the matter of Stock Recommendations using Social Media channel (Telegram) Page 1 of 37

    WTM/SKM/54/201-22

    BEFORE THE SECURITIES AND EXCHANGE BOARD OF INDIA

    CORAM: S. K. MOHANTY, WHOLE TIME MEMBER

    Interim Order cum Show Cause Notice

    Under Sections 11(1), 11(4), 11 (4A),11B (1) and 11B (2) of the Securities and

    Exchange Board of India Act, 1992 and

    Securities and Exchange Board of India (Prohibition of Fraudulent and Unfair

    Trade Practices Relating to Securities Market) Regulations, 2003 and

    Securities and Exchange Board of India (Procedure for Holding Inquiry and

    Imposing Penalties) Rules, 1995

    In respect of:

    Sr. No. Name of the Noticee PAN

    1 Himanshu Mahendrabhai Patel BEHPP8092K

    2 Raj Mahendrabhai Patel DDNPP8715E

    3 Jaydev Zala ABTPZ5894K

    4 Mahendrabhai Bechardas Patel ABNPP4581B

    5 Kokilaben Mahendrabhai Patel DAUPP2977L

    6 Avaniben Kirankumar Patel CQIPP0707R

    (The aforesaid individuals are hereinafter individually referred to by their respective names/Noticee

    no. and collectively as “Noticees”, unless the context specifies otherwise)

    In the matter of Stock Recommendations using Social Media Channel (Telegram)

    Background

    1. The genesis of the present proceedings can be traced to two undated complaints

    that were received by Securities and Exchange Board of India (hereinafter referred

    to as “SEBI”) on July 30, 2021 and October 11, 2021. The said complaints alleged

    that certain persons who are not having any registration with SEBI to function in

    the Securities markets as an Intermediary, are using social media platforms like

    Telegram and Twitter to artificially influence the stock prices, so as to make illegal

    __________________________________________________________________________________________

    Interim Order in the matter of Stock Recommendations using Social Media channel (Telegram) Page 2 of 37

    profits. The modus operandi as described in the said complaints indicated that

    certain entities actively operating through such social media channels are first

    taking a position (purchasing shares) in small cap companies in bulk quantities;

    then sending baseless and fraudulent messages indicating strong possibilities of

    immediate price hike in such scrips through such social media channels thereby

    instigating others to take bullish position in those scrips; and ultimately after the

    prices go up, they take contrary positions (selling their previously acquired

    shares) thereby making profits out of such trades executed under such fraudulent

    scheme and device.

    2. Upon examination of the contents of complaints so received, SEBI initiated an

    investigation into the said allegations for the period of January 01, 2021 to

    November 12, 2021 (hereinafter referred to as "the investigation period”). In

    order to unearth the facts relevant to said allegations, SEBI examined the

    Telegram channel “bullrun2017”/” Bull Run Investment Educational Channel”

    (hereinafter referred to as the "Telegram Channel/the said Telegram Channel”),

    which was inter alia, named in the aforesaid complaints to be the channel through

    which the Noticees are operating their illicit activities as alleged in the said

    complaints. A brief description of the said channel as noted from the material

    available on record is as follows:

    I. In the said Telegram Channel, it is noticed that there were 35,016 subscribers

    as on July 16, 2021 and the number of subscribers was gradually increasing.

    The said number of subscribers reached upto 45,867 as on October 07, 2021

    and as on December 14, 2021, the number had swelled upto 51,980 subscribers

    and as on date also it shows more than 49,000 subscribers:

    __________________________________________________________________________________________

    Interim Order in the matter of Stock Recommendations using Social Media channel (Telegram) Page 3 of 37

    II. The description on the Telegram Channel reads as: “We are team of 4

    Research Analysts with combined experience of 40 years. All calls are for study

    purpose only. Taking any trade consultant your financial advisor. We are in the

    process of getting SEBI Research Analyst Registration.” (sic.) (underline

    supplied)

    III. The aforesaid Telegram Channel provides recommendation to its

    subscribers for trading in both Cash as well as Derivatives segments, for

    both intra-day as well as positional trades. The recommendations issued

    with respect to the cash segment are majorly focused on small cap scrips.

    IV. The Telegram Channel further provides only one-way communication,

    enabling the Administrators of the channel alone to send messages,

    whereas the subscribers of such channel were only able to read such

    messages.

    3. In order to ascertain the identity of the administrators of the Telegram Channel,

    the messages being sent through it for the consumption of the subscribers were

    analyzed. Initial analysis further led the investigation into the activities of a

    Whatsapp Group viz., “Stock Gujrati 3”. It was noticed that the said Whatsapp

    group had three Administrators bearing the Mobile numbers 9XX86XXX58,

    7XX49XXX02 and 9XX23XXX50 (Mobile numbers have been masked to maintain

    privacy).

    4. Based on the aforesaid Whatsapp Details as well as True Caller search made

    during the investigation, the above noted three mobile numbers were identified

    to be in the names of Mr. Himanshu, Mr. Raj and Mr. Jaydev, respectively.

    Further, based on the information provided by the respective telecom service

    providers to SEBI as well from the information gathered from the KYC details

    associated with such mobile numbers, it is revealed that the said mobile numbers

    are registered in the name of the Noticee nos. 1, 2 and 3, respectively.

    5. Based on above, SEBI was able to gather prima facie information about the fact

    that the Noticee nos. 1, 2 and 3 are the three Administrators of the aforesaid

    __________________________________________________________________________________________

    Interim Order in the matter of Stock Recommendations using Social Media channel (Telegram) Page 4 of 37

    Whatsapp Group viz., “Stock Gujrati 3” who are also actively running the above

    narrated Telegram Channel as Administrators and sending stock related

    messages by using the afore-noted three mobile phone numbers. Further, in

    order to gather more information/evidence especially, to obtain a first-hand

    confirmation of the identities of the Administrators of the said Telegram

    Channel, a search and seizure operation under Section 11 C (8) of the SEBI Act,

    1992 was carried out by SEBI on December 01, 2021. The said search and seizure

    activity was simultaneously carried out at two different locations; one at the

    address of Noticee nos. 1 and 2 (Mahesana, Gujarat) and the other at the address

    of Noticee no. 3 (Ahmedabad, Gujarat).

    6. With a view to recovering detailed data/information from the mobile phones

    pertaining to the above discussed activities of the three Noticees allegedly being

    carried out through the medium of the Telegram Channel so as to indulge in acts

    analogous to unfair practices, manipulate stock prices and derive illicit gains

    therefrom, the following mobile phones and data storage devices found in the

    possession of the Noticees and their relatives were seized from the aforesaid

    locations:

    Table no.1

    Sr. No. Name of the entity

    operating such mobile

    Details of device seized

    1. Himanshu Patel (Noticee

    no.1)

    One mobile (dual sim)

    2. Mr. Raj Patel (Noticee

    no.2)

    (i) One mobile (single sim);

    (ii) One mobile (dual sim)

    3. Jaydev Zala (Noticee

    no.3)

    (i) One mobile phone (dual sim);

    (ii) One mobile phone (dual sim); and

    (iii) One pen-drive

    __________________________________________________________________________________________

    Interim Order in the matter of Stock Recommendations using Social Media channel (Telegram) Page 5 of 37

    4. Sonalba Zala One mobile phone (dual sim)

    5. Dhaaval Zala One mobile phone (dual sim)

    6. Balvantsinh Zala One mobile phone (dual sim)

    7. After the seizure of the aforesaid electronic devices during the post-search

    proceedings, the said Telegram Channel was accessed from the mobile phone of

    Noticee no. 1 in the presence of Noticee no.1 and 2, which revealed the Owner of

    said Channel as HMP, means Noticee no.1.

    8. Thereafter, the statements of Noticee no.1 were recorded under oath on December

    02, 2021 while Noticee nos. 2 and 3 deposed under oath on December 03, 2021. The

    relevant disclosures so made by the aforesaid three entities during their

    depositions revealed various facts about their conduct & activities in the securities

    markets by using the Telegram Channel which are being highlighted in the

    subsequent paragraphs.

    9. Depositions by Himanshu Patel (Noticee no.1)

    i. That he (Noticee no. 1) is using two mobile nos. viz., 9XX86XXX58 and

    9XX65XXX58.

    ii. That the Telegram Channel “bullrun2017” is in operation since the year

    2017. Apart from Noticee no. 1, Mr. Raj Patel (Noticee no. 2), Mr. Jaydev Zala

    (Noticee no. 3) and Mr. Mahendrabhai Patel (Noticee no. 4) are also the

    Administrators of the said Telegram Channel. The said Telegram Channel

    has been promoted (advertised) through Facebook, Whatsapp, Instagram

    etc., and also through family and friends (apparently to attract more

    subscribers to their channels).

    iii. That although they have claimed through the Telegram Channel that there

    are 4 Research Analysts in their team, all research is actually done by him

    (Noticee no.1).

    __________________________________________________________________________________________

    Interim Order in the matter of Stock Recommendations using Social Media channel (Telegram) Page 6 of 37

    iv. That he (Noticee no.1) has an educational qualification with Masters in

    Tourism Management, but does not possess any educational qualification

    for pursuing a profession of a Research Analyst.

    v. That the decisions with respect to the selection of shares for making

    recommendations to their subscribers in the Telegram Channel are

    majorly taken by him and such recommendations are made on the basis of

    research of fundamental, technical, sectoral aspects etc. of the scrips.

    vi. That on most of the times, he (Noticee no. 1) used to buy shares in his

    trading account as well as in the trading accounts of his family members

    (i.e., Noticee nos. 2, 4, 5 and 6) before issuing any recommendatory

    messages on the said Telegram Channel related to those shares and after

    making such recommendations in the Channel, he used to sell the shares

    (previously purchased in his account and the family) either on the same

    day or in following days in small tranches. The information about the

    impending recommendations to be made on any specific scrips in the

    Telegram Channel was also communicated to Noticee no. 3.

    10. Apart from certain identical statements, as made by Noticee no. 1, Noticee nos. 2

    and 3 have made the following additional statements:

    Deposition by Raj Patel (Noticee no. 2)

    i. That Mr. Himanshu Patel (Noticee no.1) is his brother and he (Noticee no.2)

    also does not have any educational qualification for working as a Research

    Analyst.

    ii. That apart from him, Noticee nos. 1, 3 and 4 are also the Administrators of

    the said Telegram Channel, wherein the Noticee no. 1 is the Main

    Administrator (Owner) of the said Telegram Channel.

    iii. That he (Noticee no. 2) is using two mobile numbers to act as the

    Administrator of the said Telegram Channel since December, 2020.

    __________________________________________________________________________________________

    Interim Order in the matter of Stock Recommendations using Social Media channel (Telegram) Page 7 of 37

    iv. That he was promoting the said Telegram Channel amongst his friends,

    family members etc., and that Noticee no. 3 (Mr. Jaydev Zala) was

    introduced by him to his brother, i.e., Noticee no. 1 (Mr. Himanshu).

    v. That the trading in his accounts was being done by Noticee no. 1.

    However, against the aforesaid deposition made by Noticee no. 2, when a

    Whatsapp chat exchanged on November 30, 2021 with Noticee nos. 1 was

    shown to him during recording of his statement, he has acknowledged that

    sometimes he used to take decisions with respect to the quantity of shares

    to be purchased in his (Noticee no. 2’s) trading account.

    vi. That the recommendations in the said Telegram Channel about stocks

    were being made by Noticee no.1 (Mr. Himanshu).

    vii. That he used to communicate the information about the impending

    recommendations to be made to the subscribers about any particular scrip,

    to Noticee no. 3 before any such recommendation was made on the said

    Telegram Channel.

    Deposition by Jaydev Zala (Noticee no. 3)

    i. That he and Noticee no. 2 are friends and they have studied together and it

    was Noticee no. 2 who had introduced him to Noticee no. 1.

    ii. That he is also one of the Administrators of the said Telegram Channel,

    however, he is not aware exactly since when the said Channel has been in

    operation.

    iii. That he was promoting the said Telegram Channel with the help of Social

    Media Platforms and also amongst his family and friends.

    iv. That Noticee no. 1 used to recommend the shares to the subscribers of the

    Telegram Channel.

    v. That the information about the proposed stock recommendations before

    being made in the Telegram Channel, were received by him from Noticee

    nos. 1 and 2, through Whatsapp communication.

    __________________________________________________________________________________________

    Interim Order in the matter of Stock Recommendations using Social Media channel (Telegram) Page 8 of 37

    vi. That he also used to buy the shares of the particular scrip before any

    recommendations about the said scrip were posted on the Telegram

    Channel, and after such recommendations were issued, he used to sell the

    shares on same day or in small tranches spread over next few days.

    11. From the aforesaid factual details as disclosed and admitted by the Noticees in

    their depositions about their own activities being conducted through the

    Telegram channel and WhatsApp group, as well as from the Forensic Audit of the

    Electronic Devices that were seized during search & seizure operation at the

    premises of the Noticees, it is now observed with clarity that the Telegram Channel

    named as “bullrun2017” was primarily being operated and managed by Noticee

    nos. 1, 2 and 3 whereas trades in different scrips have been executed through the

    accounts of all the six Noticees before and after making recommendations on those

    scrips to thousands of subscribers of the said channel. As pointed out earlier, in

    the said Telegram Channel, subscribers have been added rapidly in recent months

    and the aforesaid Administrators, more particularly, Noticee no. 1 has been issuing

    trade tips and recommendations in different scrips on a routine basis to all the

    subscribers.

    12. Apart from unearthing of the aforesaid facts, the information with respect to the

    trades executed by the Noticees were also examined carefully and the said

    examination further corroborated the modus operandi alleged to have been

    adopted by the Noticees whereby the trading accounts of the Noticees were used to

    first buy the shares of the concerned companies, followed by making positive

    recommendations on those scrips through the Telegram Channel so as to induce

    thousands of subscribers to deal in those shares and eventually, after making such

    recommendations to the subscribers, Noticees used to sell the shares in the market

    so accumulated by them in the first leg of transaction for a profit.

    13. The aforesaid modus operandi is further explained in the following illustration

    wherein the Noticees are seen to be engaging in such a practice, device or artifice

    to allure others to trade in the scrip of M/s. Total Transport Sys Limited”

    (hereinafter referred to as "Total Transport”) by making recommendations

    __________________________________________________________________________________________

    Interim Order in the matter of Stock Recommendations using Social Media channel (Telegram) Page 9 of 37

    through the Telegram Channel to invest in that scrip and thereby have made a

    collective profit of INR 9 Lakh. It is seen that with respect to the said scrip,

    recommendations were made on multiple days on/around April 26, 2021, May

    17, 2021, June 07, 2021 and July 19, 2021, a sample of which is being reproduced

    hereunder:

    14. It can be seen from the aforesaid screenshot as retrieved from one of the seized

    mobile phones of the Noticees that a strong recommendation under the name of

    “Jackpot Delivery” has been made on July 19 2021, recommending the subscribers

    to purchase 5000-7000 shares of Total Transport at a price range of INR 65-70 with

    targets of INR 100, 150, 200 and a stop loss of INR 50. The message further asserts

    that the buying interest in the said scrip is going to be so strong that the price

    would stop only at 20% hike, which was the upper cap as per the said message.

    15. It is noted from the records that the price and volume of the above-mentioned

    scrip faced significant impact as soon as recommendations were made about the

    said scrip of Total Transport in the said Telegram Channel. The details of such

    impact on the said scrip, as captured in numbers are indicated in the following

    table:

    __________________________________________________________________________________________

    Interim Order in the matter of Stock Recommendations using Social Media channel (Telegram) Page 10 of 37

    Table no. 2

    Recomme

    ndation

    Date

    Recommenda

    tion Levels

    Price Impact Post Recommendation Volume Impact Post

    Recommendation

    Entr

    y

    Price

    (₹)

    Targe

    t

    Price

    (₹)

    Daily

    High/

    Low

    Variation

    % in

    precedin

    g 10 days

    Daily High/

    Low Variation

    % on date of

    Recommendat

    ion

    Daily High/

    Low Variation

    % in

    immediately

    succeeding 10

    days

    Daily

    Avg

    Trading

    Vol in

    Preceedi

    ng 10

    days

    Trading

    Vol on the

    day of the

    Recommen

    dation

    Daily Avg

    Trading

    Vol on

    succeeding

    10 days

    26-Apr-21 45.00 60 7.64 9.16 7.67 26297 196600 49472

    17-May-21 45.50 49 7.20 11.92 4.77 54071 142487 19460

    07-Jun-21 46.00 50 4.44 20.05 11.55 20091 565758 85347

    20-Jul-21 66.0 75 -77 7.78 10.59 7.94 188817 1497586 98049

    16. The aforesaid details of price & volume impact on the scrip of Total Transport

    show that whenever recommendations were made in the said Telegram Channel,

    the scrip of Total Transport witnessed an increase in price fluctuations, on a high

    to low basis, as compared to the average fluctuation in its price witnessed during

    the preceding as well as the succeeding 10 days. Similarly, the volume of the scrip

    also witnessed an increase around the recommendation day, as compared to the

    days succeeding and preceding the date on which recommendations about the

    scrip were made in the said Channel.

    17. Thus, the aforesaid modus operandi followed by the Noticees as unearthed during

    the investigation and got corroborated by the depositions made in the statements

    of Noticee nos. 1, 2 and 3 as recorded during the investigation, was seen to be used

    and successfully deployed in the scrip of Total Transport, through which the

    Noticees are seen to have accumulated the shares of Total Transport in large

    quantities before making their recommendations on the said scrip and thereafter

    eventually squaring off their position by earning a substantial profit in a quick

    span. The date wise details of the said trades executed by the Noticees vis-à-vis the

    timings of recommendations are being captured in the following table:

    __________________________________________________________________________________________

    Interim Order in the matter of Stock Recommendations using Social Media channel (Telegram) Page 11 of 37

    Table no. 3

    D

    at

    e

    PAN Name Trade Details Recommendatio

    n

    Trad

    e

    Buy

    Qty

    Trade

    Buy

    Limit

    Price

    (₹)

    Trade

    Buy

    Start

    Time

    Trade

    Buy End

    Time

    Trad

    e

    Sell

    Qty

    Trade

    Sell

    Limit

    Price

    (₹)

    Trade

    Sell Start

    Time

    Trade

    Sell End

    Time

    Rec

    om

    me

    nda

    tion

    (Yes

    /

    No)

    Recomm

    endation

    Time

    26-

    Apr

    -21

    DDNPP87

    15E Raj

    5103

    42.80 -

    44.00

    10:23:

    26 10:27:09 5103

    44.55 -

    44.85 10:32:45 10:42:13 Yes

    10:35:47

    10:37:06

    10:38:58

    10:39:54

    CQIPP070

    7R

    Avanibe

    n 3000 44.00

    10:28:

    40 10:28:40 3000

    44.20 -

    44.60 10:42:23 10:51:02

    17-

    May

    -21

    DDNPP87

    15E Raj

    1000

    43.40 -

    44.20

    10:55:

    48 10:55:48 1000 46.00 11:04:43 11:04:43

    Yes

    10:58:51

    ABTPZ589

    4K

    JaydevZ

    ala 2500

    45.50 -

    47.00

    10:58:

    27 11:00:30 2500

    45.80 -

    46.05 11:05:01 11:06:19

    CQIPP070

    7R

    Avanibe

    n 8000

    42.90 -

    46.00

    10:55:

    40 10:58:40 8000

    46.20 -

    470 10:59:57 11:04:22

    07-

    Jun-

    21

    DDNPP87

    15E Raj

    2296 45.00

    09:53:

    53 09:53:53 2296

    46.00 -

    46.05 09:56:27 09:56:27

    Yes

    09:57:45

    BEHPP809

    2K

    Himans

    hu 5200

    42.45 -

    43.80

    09:51:

    32 09:52:20 5200

    45.50 -

    46.20 09:55:33 09:59:13

    ABTPZ589

    4K Jaydev

    6300

    45.90 -

    46.20

    09:56:

    15 10:16:50 6300

    44.45 -

    46.20 09:58:13 10:17:27

    CQIPP070

    7R

    Avanibe

    n 2104

    43.80 -

    44.00

    09:52:

    43 09:52:43 2104

    46.00 -

    46.05 09:57:44 09:57:57

    19-

    Jul-

    21

    DDNPP87

    15E Raj

    4602

    9

    58.70 -

    65.40

    10:19:

    40 15:44:28

    3100

    0

    62.70 -

    64.50 14:27:49 14:55:32

    Yes

    21:05:00

    BEHPP809

    2K

    Himans

    hu

    5487

    1

    57.00 -

    65.85

    11:14:

    49 15:25:38

    2710

    9

    59.05 -

    64.45 12:29:38 14:36:14

    ABTPZ589

    4K

    JaydevZ

    ala

    3536

    0

    58.35 -

    65.35

    13:41:

    04 15:29:50

    2816

    5

    56.50 -

    65.85 09:18:15 15:26:19

    DAUPP29

    77L

    Kokilabe

    n

    2870

    0

    57.00 -

    65.00

    10:51:

    49 15:28:56

    1700

    0

    63.00 -

    65.80 14:32:13 15:05:10

    CQIPP070

    7R

    Avanibe

    n 3500

    63.40 -

    64.95

    14:35:

    19 15:19:53 - - - -

    20-

    Jul-

    21

    DDNPP87

    15E Raj

    5750

    0

    68.30 -

    72.95

    09:18:

    46 09:51:33

    7252

    9

    69.00 -

    73.50 09:06:44 09:52:53

    Yes

    08:07:56

    BEHPP809

    2K

    Himans

    hu 1 67.90

    11:06:

    53 11:06:53

    4125

    0

    67.60 -

    69.30 09:16:41 11:07:02

    ABTPZ589

    4K

    JaydevZ

    ala - - - -

    2760

    0

    68.05 -

    70.50 09:15:29 09:19:39

    DAUPP29

    77L

    Kokilabe

    n 3000 69.70

    09:24:

    44 09:24:44

    1470

    0

    69.00 -

    72.25 09:15:40 09:38:16

    __________________________________________________________________________________________

    Interim Order in the matter of Stock Recommendations using Social Media channel (Telegram) Page 12 of 37

    D

    at

    e

    PAN Name Trade Details Recommendatio

    n

    Trad

    e

    Buy

    Qty

    Trade

    Buy

    Limit

    Price

    (₹)

    Trade

    Buy

    Start

    Time

    Trade

    Buy End

    Time

    Trad

    e

    Sell

    Qty

    Trade

    Sell

    Limit

    Price

    (₹)

    Trade

    Sell Start

    Time

    Trade

    Sell End

    Time

    Rec

    om

    me

    nda

    tion

    (Yes

    /

    No)

    Recomm

    endation

    Time

    CQIPP070

    7R

    Avanibe

    n

    1500

    0

    69.25 -

    72.80

    09:24:

    08 09:53:17

    1850

    0

    69.00 -

    73.10 09:20:56 10:47:38

    18. The details of the volumes of shares so traded by the Noticees in their respective

    trading accounts and the profits made by them from such trades are also

    highlighted in the following table:

    Table no. 4

    Date Gross Buy Vol

    Gross Buy Value (₹)

    Gross Sell Vol

    Gross Sell

    Value (₹)

    Net Trade

    Vol

    Profit (₹) % of Clie nt

    Gros s

    Trad ed

    Qty to

    Mar ket

    Volu me

    % of Traded Value by the client to the

    Gross Traded Value of the Client across

    scrips

    26/04/202 1 5103 221866.20 5103 228517 0 6,651 2.60 10.79

    17/05/202 1 1000 43881.05 1000 46000 0 2,119 0.70 1.28

    07/06/202 1 2296 103320.00 2296 105620 0 2,300 0.41 3.28

    19/07/202 1 46029 2857858.65 31000 1967773 15029 - 4.09 80.53

    20/07/202 1 57500 4077925.15 72529 5166917 -15029 155,868 4.34 74.14

    07/06/202 1 5200 224466.50 5200 239820 0 15,354 0.92 16.18

    16/07/202 1 82000 4434837.70 68513 3970328 13487 - 9.55 72.28

    19/07/202 1 54871 3316259.40 27109 1706036 27762 - 4.35 52.24

    20/07/202 1 1 68 41250 2847783 -41249 406,441 1.38 28.16

    __________________________________________________________________________________________

    Interim Order in the matter of Stock Recommendations using Social Media channel (Telegram) Page 13 of 37

    Date Gross Buy Vol

    Gross Buy Value (₹)

    Gross Sell Vol

    Gross Sell

    Value (₹)

    Net Trade

    Vol

    Profit (₹) % of Clie nt

    Gros s

    Trad ed

    Qty to

    Mar ket

    Volu me

    % of Traded Value by the client to the

    Gross Traded Value of the Client across

    scrips

    17/05/202 1 2500 115646 2500 114714 0 -932 1.75 12.14

    07/06/202 1 6300 289594 6300 285803 0 -3,791 1.11 14.52

    16/07/202 1 20405 1162845 0 0.00 20405 - 1.29 23.17

    19/07/202 1 35360 2195482 28165 1676259 7195 - 3.37 92.77

    20/07/202 1 0 0.00 27600 1905592 -27600 249,464 0.92 66.25

    19/07/202 1 28700 1801645 17000 1098911 11700 - 2.42 57.11

    20/07/202 1 3000 209100 14700 1034444 -11700 90,875 0.59 100.00

    26/04/202 1 3000 132000 3000 133464 0 1,464 1.53 100.00

    17/05/202 1 8000 352382 8000 370845 0 18,463 5.61 14.64

    07/06/202 1 2104 92430 2104 96838 0 4,368 0.37 2.97

    19/07/202 1 3500 224374 0 0.00 3500 - 0.19 37.35

    20/07/202 1 15000 1068493 18500 1302180 -3500 9,314 1.12 73.69

    Total Profit INR 957,958

    19. From a conjoint reading of information provided in Table no. 3 and Table no. 4

    above, it is understood that the Administrator(s) of the said Telegram Channel

    were repeatedly issuing recommendations in their Channel for buying shares of

    Total Transport. Such recommendations were made on April 26, 2021, May 17,

    2021, June 07, 2021, July 19, 2021 and July 20, 2021, as can be seen from the Table

    no. 3. Table no. 4 depicts the trades executed by the Administrators/Noticees

    themselves in the said scrip prima facie with a view to earn profits. As a matter of

    __________________________________________________________________________________________

    Interim Order in the matter of Stock Recommendations using Social Media channel (Telegram) Page 14 of 37

    illustration, the screen shot of the recommendations made on July 19, 2021 has

    been presented under Para no. 13 above. From the screenshot, one can notice that

    a recommendatory message about the scrip of Total Transport was issued on July

    19, 2021, at 09:05 pm. The trading activities of the Administrators/Noticees in this

    scrip, both before and after the recommendation was made on July 19, 2021 are

    found to be as follows:

    Noticee no. 1

    I. As can be seen from the Table no. 4 above, Noticee no. 1 on July 19, 2021 (i.e.

    before issuing the said recommendation), has purchased 54,871 shares and

    sold 27,109 shares, with net buying of 27,762 shares. The traded value of

    the said trades of Noticee no. 1 in the scrip of Total Transport constituted

    52% of his total gross traded value during that particular day. By following

    the pre-mediated scheme as has been explained in the beginning of this

    order, Noticee no. 1 is seen to have been successful in churning out a quick

    profit of INR 4.06 Lakh (approx.), as he sold 41,249 shares of Total

    Transport on the next day.

    Noticee no. 2

    II. Similarly, Noticee no. 2 is also seen to have purchased 15029 shares of Total

    Transport on July 19, 2021 (before the recommendations were made to the

    subscribers), and sold all the 15029 shares on July 20, 2021 and thereby

    earned a profit of INR 1.55 Lakh (approx.).

    Noticee no. 5

    III. Noticee no. 4 (Mother of Noticee nos. 1 and 2) has purchased a total of 11,700

    shares of Total Transport on July 19, 2021 and on the very next day, she has

    sold all 11,700 shares and earned a profit of INR 90,875.

    __________________________________________________________________________________________

    Interim Order in the matter of Stock Recommendations using Social Media channel (Telegram) Page 15 of 37

    Noticee no. 6

    IV. Noticee no. 6 (Sister of Noticee nos. 1 and 2) has also sold all 3,500 shares on

    July 20, 2021 which she had purchased one day before, i.e., on July 19, 2021

    and thus earned INR 3,500.

    As regards the details of trades executed by the Noticee no. 3 in Total Transport, the

    same are being discussed in later part of this order at para no. 28

    20. The aforesaid illustration clearly shows how the Administrators of the said

    Telegram Channel and their relatives have used the recommendation made in the

    Channel to their own advantage by accumulating shares of Total Transport, just

    prior to the issue of the recommendation and have disposed of the shares soon

    after making the recommendation, by taking advantage of the rising market price

    and in the process, they have made unlawful profits.

    21. Moving on to another illustration of identical modus operandi followed by the

    Noticees, where also the Noticees have prima facie taken a position in the scrip before

    making their recommendation in the said Telegram Channel. In this respect, the

    modus that was followed in the scrip of Metro Global on July 20, 2021 and July 28,

    2021 can be appreciated from the tips/recommendations issued by the

    Administrators as depicted in the following images:

    __________________________________________________________________________________________

    Interim Order in the matter of Stock Recommendations using Social Media channel (Telegram) Page 16 of 37

    22. The impact caused by the aforesaid recommendation issued by the

    Administrators/Noticees through the Telegram Channel on the price variation

    and the volume of the said scrip is depicted in the following table:

    Table no. 5

    Recomme

    ndation

    Date

    Recommendati

    on Levels

    Price Impact Post Recommendation Volume Impact Post Recommendation

    Entry

    Price

    (₹)

    Targe

    t Price

    (₹)

    Daily

    High/

    Low

    Variation

    % in

    preceedin

    g 10 days

    Daily

    High/

    Low

    Variation

    % on date

    of

    Recomme

    ndation

    Daily High/

    Low

    Variation %

    in

    immediatel

    y

    succeeding

    10 days

    Daily

    Avg

    Trading

    Vol in

    Preceedin

    g 10 days

    Trading

    Vol on the

    day of the

    Recommen

    dation

    Daily Avg

    Trading

    Vol on

    succeeding

    10 days

    20-Jul-21 85 95 7.20 25.21 11.54 622637 11407569 8331813

    26-Jul-21 90 97 9.10 19.57 10.36 2263719 3903182 7547794

    27-Jul-21 112 150 10.53 24.32 8.26 2647444 23366196 5279695

    28-Jul-21 113 124 11.53 8.34 7.77 4956114 37517704 1557826

    23. Further, the details of the timings followed by the Noticees to execute their trades

    in the scrip of Metro Global would further show that the buying transaction was

    always done by them before making bullish recommendation for the said scrip in

    the said Telegram Channel, as can be observed from the table below:

    Table no. 6

    Dat

    e

    PAN Name Trade Details Recommendation

    Trade

    Buy

    Qty

    Trade

    Buy

    Limit

    Price

    (₹)

    Trade

    Buy

    Start

    Time

    Trade

    Buy

    End

    Time

    Trad

    e Sell

    Qty

    Trade

    Sell

    Limit

    Price

    (₹)

    Trade

    Sell

    Start

    Time

    Trade

    Sell

    End

    Time

    Reco

    mmen

    dation

    (Yes/

    No)

    Recom

    mendati

    on Time

    20/07

    /2021

    CQIPP0

    707R

    Avanibe

    n 199

    82.20-

    86.50 15:21:14 15:21:14 199

    86.50-

    87.95 15:23:03

    15:23:0

    3 Yes

    15:22:00

    DDNPP

    8715E Raj

    5,000 83 15:20:50 15:20:50 5000

    85.45-

    85.95 15:22:21

    15:22:2

    1 Yes

    26/07

    /2021

    DDNPP

    8715E Raj

    1,000

    85.40-

    860 10:09:52 10:09:52 1000

    90.00-

    90.70 10:10:49

    10:10:4

    9 Yes

    10:11:12

    27/07

    /2021

    ABTPZ5

    894K Jaydev

    8,100

    84.00-

    111.95 14:18:05 14:39:49 - - - - Yes

    20:56:53

    ABTPZ5

    894K Jaydev

    4,000

    84.00-

    111.95 14:18:05 14:39:49 - - - - Yes

    __________________________________________________________________________________________

    Interim Order in the matter of Stock Recommendations using Social Media channel (Telegram) Page 17 of 37

    Dat

    e

    PAN Name Trade Details Recommendation

    Trade

    Buy

    Qty

    Trade

    Buy

    Limit

    Price

    (₹)

    Trade

    Buy

    Start

    Time

    Trade

    Buy

    End

    Time

    Trad

    e Sell

    Qty

    Trade

    Sell

    Limit

    Price

    (₹)

    Trade

    Sell

    Start

    Time

    Trade

    Sell

    End

    Time

    Reco

    mmen

    dation

    (Yes/

    No)

    Recom

    mendati

    on Time

    BEHPP8

    092K

    Himans

    hu 56,933

    95.00-

    111.95 12:57:52 14:17:27 56933

    109.80-

    111.85 14:14:58

    14:24:3

    0 Yes

    DDNPP

    8715E Raj

    3,225

    111.10-

    111.95 14:20:57

    14:24:2

    8 - - - - Yes

    28/07

    /2021

    ABTPZ5

    894K Jaydev

    - - - - 8100

    110.00-

    122.80 9:06:55 9:15:38 Yes

    08:15:51

    ABTPZ5

    894K Jaydev

    - - - - 4000

    110.00-

    122.80 9:06:55 9:15:38 Yes

    BEHPP8

    092K

    Himans

    hu 7,200

    114.15-

    120.50 9:22:05 9:24:35 7200

    120.30-

    122.45 9:22:56 9:29:00 Yes

    CQIPP0

    707R

    Avanibe

    n 5,000

    119.50-

    121.00 9:21:21 9:21:27 5000

    119.80-

    120.50 9:24:08 9:25:04 Yes

    DDNPP

    8715E Raj

    11,871

    118.95-

    122.70 9:19:35 9:29:11 15096

    111.95-

    122.45 9:15:00 9:48:35 Yes

    24. It is noted from the aforesaid trade data that the trading pattern of the

    Administrators/Noticees follow the same fraudulent and deceitful mode in the

    scrip of Metro Global (as they followed in the scrip of Total Transport), and in the

    similar manner, the Noticees were successful in making a cumulative profit of INR

    8.21 Lakh (approx.) in the scrip of Metro Global too, break up of which is

    presented herein below:

    Table no. 7

    Nam

    e

    Date Gross

    Buy

    Vol

    Gross

    Buy

    Value (₹)

    Gross

    Sell

    Vol

    Gross

    Sell

    Value (₹)

    Net

    Trad

    e Vol

    Profit (₹) % of

    Client

    Gross

    Trade

    d Qty

    to

    Marke

    t

    % of Traded

    Value by the

    client to the

    Gross Traded

    Value of the

    Client across

    scrips

    Jayde

    v

    27/07/2021 8100 906606 0 0.00 8100 - 1.83 29.17

    28/07/2021 0 0.00 8100 965963 -8100 59,357 1.28 29.67

    27/07/2021 4000 447800 0 0.00 4000 - 0.90 14.41

    28/07/2021 0 0.00 4000 476408 -4000 28,608 0.63 14.63

    Hima

    nshu

    27/07/2021 56933 5689301 56933 6372149 0 682,849 25.70 64.60

    28/07/2021 7200 867251 7200 872790 0 5,539 2.28 18.92

    Avan

    iben

    20/07/2021 199 16577 199 17273 0 696 0.15 1.05

    28/07/2021 5000 600433 5000 604035 0 3,602 1.58 61.55

    Raj 20/07/2021 5000 414750 5000 429750 0 15,000 3.66 6.77

    __________________________________________________________________________________________

    Interim Order in the matter of Stock Recommendations using Social Media channel (Telegram) Page 18 of 37

    Nam

    e

    Date Gross

    Buy

    Vol

    Gross

    Buy

    Value (₹)

    Gross

    Sell

    Vol

    Gross

    Sell

    Value (₹)

    Net

    Trad

    e Vol

    Profit (₹) % of

    Client

    Gross

    Trade

    d Qty

    to

    Marke

    t

    % of Traded

    Value by the

    client to the

    Gross Traded

    Value of the

    Client across

    scrips

    26/07/2021 1000 85959 1000 90600 0 4,641 2.40 1.78

    27/07/2021 3225 361036 0 0.00 3225 - 0.73 2.91

    28/07/2021 11871 1433968 15096 1816003 -3225 20,998 4.26 36.37

    8,21,290

    25. The investigation reveals that Noticee nos. 4, 5 and 6 are the family members of the

    Noticee nos. 1 and 2 and all of them reside at the same address where search &

    seizure proceedings were conducted. Further, it is revealed from the investigation

    that the mobile nos. and email ids of Noticee nos. 1 and 2 have been provided in

    the KYC details in respect of trading accounts of Noticee nos. 4, 5 and 6, details of

    which are as under:

    Table no. 8

    Sr.

    No

    .

    Name of the

    account holder

    Mobile

    no./Noticee to

    which it belongs

    Email id/ Noticee to which it belongs

    1. Mahendrabhai

    (Noticee no. 4)

    9XXX20XX24/No

    ticee no. 2

    patelmahendrabhaiXX@gmail.com/Noti

    cee no. 2

    2. Kokilaben

    (Noticee no. 5)

    9XXX20XX24/No ticee no. 2

    patelmahendrabhaiXX@gmail.com/Noti

    cee no. 2

    3. Avaniben

    (Noticee no. 6)

    9XXX20XX24/No ticee no. 2

    patelhimanshuXXX@gmail.com/Noticee

    no.1

    Mobile no. and email ids have been masked to maintain privacy

    26. The materials collected during investigation also show that the trading accounts

    of Noticee nos. 4, 5 and 6 were being managed and operated by Noticee nos. 1 and

    2, and the confirmation with respect to execution of trades in those trading

    accounts have also been received on the mobile nos. and email ids belonging to

    __________________________________________________________________________________________

    Interim Order in the matter of Stock Recommendations using Social Media channel (Telegram) Page 19 of 37

    the Noticee nos. 1 and 2 and these facts have been admitted by Noticee no.1 in his

    statement recorded on oath before the Investigating Authority of SEBI on

    December 02, 2021.

    27. Insofar as the Noticee no. 3 is concerned, it is noticed from the Whatsapp Chat that

    was exchanged between Noticee nos. 1 and 2 on July 19, 2021 (as retrieved from

    their seized mobiles) that he (Noticee no. 3) used to receive the information about

    the impending recommendation of stocks proposed to be made on the said

    Telegram Channel from the Noticee no. 1. In this regard, the extract of the said

    Whatsapp chat is reproduced hereunder:

    [2021/07/19 13:10] Jaydev: Koi share bhai

    [2021/07/19 14:01] Himanshu: TOTAL TRANSPORT BHEGA KARO

    [2021/07/19 14:01] Himanshu: Jackpot ma

    [2021/07/19 14:01] Himanshu: 58-59

    [2021/07/19 13:10] Jaydev: kk

    28. Subsequent to the above WhatsApp conversation, it is observed that he (Noticee

    no. 3) has adopted and followed trading pattern similar to the trading pattern

    followed by Noticee no. 1 in the scrip of Total Transport. The relevant details along

    with the timings of the trades executed by the Noticee no. 3 in the scrip of Total

    Transport are mentioned in the following table:

    Table no. 9

    Date Trade details Recommend

    ation Time Buy Qty. Buy Limit

    Price

    Buy Start

    Time

    Buy End

    Time

    Sell Qty. Sell Limit

    Price

    Sell Start

    Time

    Sell End

    Time

    19/07/20

    21

    35360 58.35 - 65.35 13:41:04 15:29:50 28165 56.50 - 65.85 9:18:15 15:26:19 21:05:00

    20/07/20

    21

    - - - - 27600 68.05 - 70.50 9:15:29 9:19:39 08:07:56

    29. It is noted from the afore cited extract of Whatsapp Chat that the information

    about the impending recommendation was conveyed to Noticee no. 3 on July 19,

    2021 at 14:01. On the said day, Noticee no. 3 purchased a total of 35,360 shares, and

    __________________________________________________________________________________________

    Interim Order in the matter of Stock Recommendations using Social Media channel (Telegram) Page 20 of 37

    sold a total of 28,165 shares of Total Transport. However, almost 98% of such

    purchased quantity amounting to 34,898 shares were purchased by Noticee no. 3

    only after 14:01 pm, i.e., after getting the information from the Whatsapp Chat.

    Further, out of 28, 165 shares sold on the said day, only 7,760 shares were sold

    after the time of receipt of aforesaid information, consequently, the net buying

    position in the scrip after receipt of information remained as 27,138 shares, which

    he disposed of subsequently as discussed in the next para.

    30. The recommendation to purchase the shares of Total Transport on the Telegram

    Channel was made by Noticee no. 1 on July 19, 2021 at 21:05:00 and also at 08:07:56

    on July 20, 2021. On the very next day, Noticee no. 3 successfully offloaded as much

    as 27,600 shares of Total Transport in merely 4 minutes of market opening

    (09:15:29 to 09:19:39), consequently netting a profit of INR 2.49 Lakh (approx.).

    31. The aforesaid events which got unfolded between Noticee nos. 1 and 3 are depicted

    in the following pictorial representation for better explanation:

    32. It is to be noted here that the aforesaid pattern of exchange of information between

    Noticee nos. 1 and 3 and the consequent profitable trades executed by Noticee no. 3

    have been followed while trading in other scrips as well, like the ones indicated

    in the following table:

    __________________________________________________________________________________________

    Interim Order in the matter of Stock Recommendations using Social Media channel (Telegram) Page 21 of 37

    Table no. 10

    Sr.

    No.

    Name of

    the scrip

    Timing of

    sharing of

    information on

    Whatsapp

    between

    Noticee No.1

    and 3.

    Timing of making

    recommendation on

    Telegram Channel

    Timing of

    selling

    shares by

    Noticee no.

    3

    Profit made

    (in INR)

    1. Metro

    Global

    Limited

    July 27 at 14:17 (i) July 27 at 20:56:53

    (ii) July 28, 2021 at

    05:15:51

    July 28

    09:06:55 to

    09:15:38

    87,965.50

    2. Alkali

    Metals Ltd.

    July 15 at 14:28 (i) July 15 at 21:47:00

    (ii) July 16, 2021 at

    08:55

    July 16

    09:07:55 to

    09:17:28

    18,412.90

    33. As highlighted in the preceding paragraphs through illustrations, based on the

    cogent material collected during the investigation including the confessional

    statements recorded from the concerned persons, the trade details of the Noticees

    as obtained from the trade data of the Exchanges, various information including

    the WhatsApp chats as retrieved from the mobile phones etc., the following

    compelling observations can be easily made:

    I. A social media Channel named as “bullrun2017” was started in Telegram

    and the Administrators of the said Telegram Channel at present are Noticee

    nos. 1, 2 and 3

    II. The said Telegram Channel was promoted amongst general public through

    other Social Media Channels like Facebook, Instagram etc. The subscriber

    base has always been growing since July 16, 2021 and as has been revealed

    during investigation, the strength of its subscribers has risen from 35016 to

    51980 till December 14, 2021.

    __________________________________________________________________________________________

    Interim Order in the matter of Stock Recommendations using Social Media channel (Telegram) Page 22 of 37

    III. Noticee nos. 1, 2 and 3 were making recommendation in the said Telegram

    Channel inducing investor to trade in various scrips following their

    recommendations and the recommendatory messages so being circulated

    in the said Telegram Channel projected high returns in short time by

    trading in such scrips.

    IV. Noticee nos. 1, 2 and 3 who are running the said social media account in the

    Telegram channel have made a patently false claim of having a team of 4

    experienced Research Analysts who are running the said Telegram

    Channel whereas in reality, the stock specific recommendations were being

    made by a person (Noticee no.1) who held an educational qualification of

    Masters in Tourism Management and had some experience of working in

    a Hotel and did not possess any qualification whatsoever related to the

    securities market. Further, they have also made a false declaration that they

    are in the process of seeking registration with SEBI as a Research Analysts.

    V. The modus operandi typically being followed by the Noticees, particularly

    the Noticee no. 1 to 3 was that they used to first buy shares of selected scrips

    in their trading accounts (as well as trading accounts of family members of

    Noticee nos. 1 and 2) and thereafter they used to circulate favorable

    messages about those scrips through the Telegram Channel amongst the

    thousands of subscribers enticing and inducing to purchase those shares

    and afterwards the Noticees are seen to have sold their pre-acquired shares

    of those specific scrips (about which they have circulated their

    recommendations to the subscribers) immediately or in next few days

    thereby pocketing large amounts of profits for themselves

    VI. It is also noted from the texts of the messages being circulated by the

    Noticees that the recommendations about the specific scrips were being

    made by the Noticees in a very ingenious manner so as to create a ‘Fear of

    Missing Out’ amongst the subscribers. For instance, the same is evident

    from the following recommendation that was circulated to allure and

    entice for buying the scrip of Metro Global on July 20, 2021:

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    VII. On July 20, 2021, the recommendation to buy shares of Metro Global at a

    price of INR 85-86 was made with a strategy of BTST, i.e., “Buy Today-Sell

    Tomorrow”. The said recommendation made at 03:22 pm also projected a

    target price of above INR 95. It is observed that immediately thereafter,

    within a span of one minute, the prevailing market price of the shares of

    Metro Global at that point of time was intimated (in another message

    circulated on the Telegram Channel) to be INR 88, followed by a symbolic

    image of fire in the same message to indicate how the interest in the scrip

    is heating up in the market. After a gap of 03 minutes, the market price was

    disseminated to be at INR 90 and to emphasis on the prospect of a sky

    rocketing growth, symbolic images of jets were used in the said message.

    Finally, at 03:30 pm, the message about the scrip price hitting the buyer cap

    (upper cap or a situation with a scrip having only buyers) was also

    posted/circulated in the Channel followed by representative symbols

    money bags in the same message prima facie to create a hype amongst the

    investors/subscribers that those who have bought the said scrip will stand

    to earn lots of money.

    34. In the aforesaid context, at the time when the Noticees were actively circulating a

    series of enticing messages about the scrip of Metro Global in their Telegram

    Channel provoking and inducing subscribers to buy the shares of the said

    company which is likely to follow a rising trail, else they will miss the opportunity

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    of making money out the said scrip, it is observed from the trades data of the

    Noticees that Noticee nos. 2 and 6 have purchased the shares of Metro Global, just

    few seconds before the afore cited enticing messages and recommendations which

    were circulated in the said Telegram Channel. The investigation has revealed that

    Noticee no. 2 had purchased 5000 shares at INR 83 at 15:20:50, whereas, Noticee no.

    6 had purchased 199 shares at 15:21:14 at price range of INR 82.20-86.50, i.e., just

    a few seconds before the Noticees commenced their stock recommendations about

    Metro Global at 15:22:00 in the said Channel, which was seen by more than 20,000

    persons (as signified by the symbol of ‘eye’ at the bottom of the message). It is also

    seen that immediately thereafter Noticee no. 2 was able to sell all 5000 shares at

    15:22:21 at a price range of 85.45-85.95 while Noticee no. 6 has successfully sold her

    199 shares at 15:23:03 at a price range of 86.50-87.95 and earned a profit.

    35. It has been noticed during the investigation that by consistently following the

    aforesaid pattern of first buying shares of the specific scrips and then selling those

    shares subsequently in the wake of increased demand and price rise of those

    shares, preponderantly caused prima facie by the exuberance triggered by

    circulation of recommendations and inducing messages as seen above in the case

    of the scrip of Metro Global, the Noticees herein have been successful in raking in

    large amount of profits in several scrips, details of which are mentioned herein

    below:

    Table no. 11

    Sr.

    No

    Trading Accounts Profit

    (in ₹ )

    Accounts used by

    1 Himanshu Mahendrabhai Patel (BEHPP8092K) 1,66,65,883

    Himanshu and

    Raj Mahendrabhai

    Patel

    2 Raj Mahendrabhai Patel (DDNPP8715E) 50,02,834

    3 Avaniben Kirankumar Patel (CQIPP0707R) 26,85,640

    4 Kokilaben Mahendrabhai Patel (DAUPP2977L) 9,72,328

    5 Mahendrabhai Bechardas Patel (ABNPP4581B) 7,71,010

    Sub-Total (in ₹ ) 2,60,97,695

    6 Jaydev Zala(ABTPZ5894K) 23,32,253 Jaydev Zala

    Grand Total (in ₹ ) 2,84,29,948

    36. Based on the aforesaid factual findings, the depositions made by the concerned

    entities before the Investigating Authority wherein they have confessed to their

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    involvement in the aforesaid manipulative acts committed through the medium

    of Telegram Channel and also based on the records/information retrieved from

    their mobile phones, it leaves no space for any doubt now that the Noticees have

    ostensibly and knowingly devised an imaginative scheme for defrauding

    innocent investors by engaging in such deceitful acts to induce thousands of

    gullible subscribers to their Telegram Channel and in this process to induce the

    other general investors as well, to deal in securities purely based upon misleading,

    specious and unsolicited stock tips about specific scrips recommended by the

    Noticees through their social media account in Telegram Channel, and such tips &

    recommendations were devoid of any fundamental analysis or supporting

    information and were purely speculative messages without any basis. The above

    stated acts of the Noticees of trading in securities by devising a scheme where

    under, after taking a buy position in certain selected scrips and then enticing other

    to take similar buy positions so as to cause rise in price and volume in those

    selected scrips, the Noticees have successfully off-loaded the shares so acquired by

    them earlier, at inflated/manipulated prices to book substantial gains for

    themselves. Such a scheme appears to have been implemented by the Noticees by

    misusing their privileged position as Administrators of the said Social Media

    Channel of Telegram through which they have been issuing stock specific

    speculative tips/recommendations without any identifiable rationale or backing

    of fundamentals for those scrips and with the sole malicious motive of extracting

    profits by selling shares of such companies, which were acquired shortly before

    sending such false recommendations and base-less stock tips. Commission of

    such deceitful acts by the Noticees by engaging themselves in a scheme as

    discussed at length above, with a dubious intent to make money at the cost of the

    interest of innocent investors in the securities markets are prima facie found to be

    in glaring violations of provisions of Securities and Exchange Board of India Act,

    1992 (hereinafter referred to as “SEBI Act, 1992”) and the SEBI (Prohibition of

    Fraudulent and Unfair Trade Practices relating to Securities Market) Regulations,

    2003 framed thereunder (hereinafter referred to as “PFUTP Regulations”). By

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    resorting to such a scheme as narrated above in detail, the Noticees have not only

    indulged in unfair trade practices to earn illicit profit from transactions in shares

    by manipulating the market but have also perpetrated frauds and deceit within

    the ambit of PFUTP Regulations as the recommendations are alleged to have

    containing elements potential to induce investors of the securities market. It is

    observed that in this entire scheme of deceit, manipulation and fraud as conceived

    by the Noticees, especially the Noticees nos. 1, 2 and 3 who are the Administrators

    of the said Telegram Channel and the Noticee nos. 4, 5 and 6 being the family

    members of Noticee nos. 1 and 2, have aided abetted through their willful

    permission by facilitating the use of their trading accounts for execution of trades

    in the securities market and thereby rendering themselves equally liable for the

    collusive acts on their parts, which are seen as detrimental to the integrity and

    interest of the investors of the securities market. Thus, all the Noticees herein, by

    their acts of influencing through social media channel to buy shares of certain

    scrips have been successful in generating artificial demands in the market having

    impact on the price and volume of those scrips.

    37. In addition to the above, sufficient evidence adduced in form of deposition made

    by the Noticee no. 3 and his trade data as collected in the course of investigation

    make it glaringly clear the prima faice complicity of Noticee no. 3 in the whole

    scheme, wherein he was also one of the Adminsitraotrs of the said Telegram

    Channel and has also derived personal benefit by indulging in trades in those

    scrips, recemmendations of which were made through the said Telegram Channel

    and the information was already received by him through Whatspp. Under the

    circumstances, the investigation has come to a clear finding that Noticee nos. 1, 2

    and 3 have indulged in fraudulent and unfair trade practices in the securities

    market and have thus acted in violation of Section 12 A (a), (b), (c) of the SEBI Act,

    1992 read with Regulation 3 (a), (b), (c), (d), 4 (1), 4 (2) (a), (d), (e), (k), (o) and (r)

    of the PFUTP Regulations.

    38. As regard to the acts of the Noticee nos. 4, 5 and 6 (who are the family members of

    Noticee nos. 1 and 2), I find from the facts of the matter that these three Noticees

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    have knowingly vested the operation of their trading accounts in the hands of

    Noticee nos. 1 and 2, who in turn, by resorting to the deceitful scheme as discussed

    above, have utilized those accounts for indulging in fraudulent and unfair trade

    practices in the scrips of various companies and thereby aided and abetted Noticee

    nos. 1, 2 and 3 in carrying out their nefarious acts of deceit, fraud and

    manipulation while dealing in the securities market. It has been stated above with

    detail that the nefarious and deceitful acts have led to successful generation of

    profits arising out of such trades executed in the accounts of Noticee nos. 4 to 6

    showing that benefits of such manipulative scheme have accrued to the accounts

    of the Noticee nos. 4, 5 and 6 as well. Under the circumstances, it leaves no

    ambiguity in my mind that the Noticee nos. 4, 5 and 6 have also prima facie violated

    Regulation 3 (a), (b), (c), (d) and 4 (1) of PFUTP Regulations.

    39. I observe that in view of my aforesaid prima facie observations about the

    misconduct, fraudulent acts and unfair trades executed by the Noticees, another

    inevitable observation that deserve to follow, is that the profits/gains so made by

    the Noticees by indulging in the aforesaid scheme of deceit, fraud and

    manipulation, have to be prima facie held as unlawful/wrongful gains, that would

    not have accrued to the Noticees, had the trades were not executed by them under

    the said scheme/artifice devised and deployed by them as unearthed during the

    investigation. To reiterate at this point, from the details of profits generated by the

    Noticees by trading in certain shares as summarised earlier in this order at para-

    no. 35, it seems that the Noticees have been successful in making unlawful gains

    of Crore of rupees by merely making baseless speculative messages & stock

    tips/recommendation to their Telegram Channel, obviously without disclosing

    the ill intent behind such messages. In the process, it also observed that these

    Noticees have made profit by taking advantage of the movement of price and

    volume in scrips whose recommendation was made in their Channel. It is evident

    that these Noticees have by taking a certain position in the scrip made

    recommendation in the said Channel giving cause for others to act on the

    recommendation without even realising that the persons (Administrators) giving

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    such stock tips & messages are themselves taking contrary position in the same

    scrips immediately after issuing the messages & recommendations pertaining to

    those scrips which eventually led to unlawful enrichment of the Noticees.

    40. It is a common knowledge that the market price of any share moves in tandem

    with the market demand for the said scrip and at any given point of time the

    actual market price of the scrip is the outcome of the demand and supply for such

    scrip in the market. However, sometimes some persons/entities with dubious

    motive fabricate schemes, through which they act and resort to fraudulent &

    unfair trade practices which could be dangerous in distorting the price discovery

    mechanism of the securities market. As a result of such fraudulent and

    manipulative trades, not only such persons succeed in manipulating the price &

    volumes of trades in those scrips but also unjustly enrich themselves at the cost of

    other investors. I note that the foremost objective of the SEBI Act, 1992 is the

    protection of the interests of investors. In this context, I strongly view that the

    fraudulent and unfair trade practices as have been exhibited by the Noticees in this

    case are prima facie in serious violations of provisions governing the securities

    market as it directly affects the interest of small investors who do not have the

    adequate wherewithal or knowledge base to ascertain the actual reasons of

    price/volume movements. In the present case, I can clearly observe from their

    trading in the Metro Global that by sending consecutive speculative & enticing

    messages to the in the Telegram Channel, near to market closure timings therein

    strongly predicting price rise of the said scrip, contains elements of inducing the

    gullible investors and the contents are likely to put investors under a strong

    inducement to trade based on such strong recommendation made by the Noticees.

    The Noticees have chosen an opaque platform of Telegram to run their scheme of

    fraud, deceit and unfair trade thereby causing manipulation in the price &

    volumes of various scrips as well as undue price advantage to them, which

    warranted a search and seizure operation to be conducted by SEBI to reach the

    roots of such manipulation and to identify & expose the said scheme along-with

    its perpetrators and also to bring on record all relevant evidence including the

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    devices through which these entities were operating the scheme on the social

    media platform of Telegram.

    41. It is worth mentioning here that with technology growing at a fast pace, various

    modes of Social Media Channels with innovative features have become an

    inevitable part of everyone’s life, and as the history would suggest, any major

    technological innovation brings with it the hazards of its potential mis-utilisation

    by offenders who use it for performing illicit activities. As the Regulator of the

    securities market, SEBI in the past has taken various steps so as to protect the

    interest of the investors from such nefarious activities that are noticed using Short

    Messages Services (SMS). It is noted that earlier, certain entities used to

    manipulate the stock prices by sending bulk messages to large no. of people.

    After noticing such a malpractice, SEBI swung into action and in order to protect

    the innocent investors from such manipulative schemes, SEBI collaborated with

    the Telecom Regulator viz., Telecom Regulatory Authority of India (TRAI). As a

    result, TRAI vide its notification dated August 10, 2017 has issued directions to

    its regulated entities to curb circulation of bulk SMS from unregistered entities

    and has advised them that certain keywords as prescribed by it

    (buy/sell/hold/Stop loss etc.) can be used based on which such SMS can be

    blocked from circulating thereby preventing the gullible investors from falling

    prey to such ill-motivated stock tips/recommendations.

    42. I observe that despite taking all possible steps by SEBI like the one stated above,

    the miscreants always try to create a bypass to the Regulatory fence to implement

    their malicious schemes to earn unlawful gains. Like in the present case, the

    application of Telegram which is essentially an application based Chat platform

    has been used by the Noticees herein to implement the same strategy as was being

    used by sending Bulk SMS. As part of its many novel features, Telegram allows

    creation of public channels wherein large number of subscribers can be added to

    be part of it, without disclosing the identity of the persons behind such channel.

    Such a Channel essentially acts as a message dissemination forum where the

    Administrators only are allowed to disseminate messages, the content of which

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    is solely decided by them. The subscribers, on the other hand, can only

    read/view such content and such subscribers do not have any option to send

    messages or respond to the messages sent by the Administrators.

    43. As demonstrated in the present order, this feature of Telegram has been

    successfully used for illicit activities like manipulating the stock prices by

    repeatedly sending unfounded stock recommendations for the personal yet

    unlawful benefit of the Administrators of such Channel. The tips circulated

    through the Channel create an inducing impact which are then followed by the

    subscribers and ironically, such stock tips may also prove to be true, if large

    number of recipients of such tips believe it and collectively act on it. Slowly and

    gradually, after seeing the price of the said thinly traded scrip actually rising,

    more and more subscribers start believing in the tips and start acting on it, which

    further strengthens the belief of such tips being genuine, as large number of

    individuals end up acting on such tips and by their collective buying actions,

    convert the deceitful, specious and baseless tips to realty.

    44. Consequently, when large number of investors start following and acting on the

    tips issued to them on a social media platform with respect to the scrip of a small

    cap company or thinly traded company, the price and volume of the said scrip

    are bound to rise which again in turn would reinforce the belief of such investors

    in the tips & recommendations received by them from the said social media

    channel leading to more & more investors/subscribers of such channel getting

    trapped in the mirage crafted by the Noticees. Such collective belief by the large

    base of subscribers of the channel in the stock recommendations given by the

    Noticees would lead to a bull run in the said scrips and propel the scrip

    price/volume upwards, ultimately giving a golden opportunity to the Noticees to

    make unlawful profits by selling their shares in the same scrip.

    Nevertheless, SEBI being entrusted with the mandate of protecting the interest

    of the investors cannot be a mute spectator irrespective of the technology used

    by the delinquents and such delinquents need to be kept out of the walls of the

    securities market.

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    45. Keeping in view the foregoing discussions and the unravelling of events and

    crucial evidence by the investigation conducted by SEBI, in my view a strong case

    has been made out against the Noticees warranting invocation of the powers

    conferred upon me under the provisions of the SEBI Act, 1992 to pass appropriate

    directions including directions for impounding of such alleged unlawful gains

    made by the Noticees by their fraudulent & unfair acts for the following reasons:

    a) Based on the aforesaid findings and discussion, a strong prima facie case has

    been built up against the Noticees which has exposed the nefarious scheme

    deployed meticulously by them through which large sums of unlawful

    profits have been generated by them, which otherwise would not have arisen,

    had the trades were not executed under the scheme devised by them;

    b) The alleged scheme of enticing and inducing others to deal in certain

    securities thereby creating adverse and artificial impact on the price and

    volume of those scrips, has been ingenuously crafted and implemented in a

    manner that it was an impossible task for the common investors to identify

    any dubious hidden intent behind such messages and tips that were being

    circulated amongst them through the Telegram Channel;

    c) Even for a Regulator having all investigative tools at its disposal, it becomes

    difficult to reach to the mastermind of such a scheme being deployed through

    social media platforms, where encrypted messages are exchanged, without

    resorting to search and seizure action which was the only way to unearth the

    facts & evidence and to uncover the perpetrators of the said scheme along

    with mobile phones used by them to run such scheme deceitfully to their

    advantage;

    d) As stated in the beginning, the number of subscribers/investors in the

    Telegram Channel being run by the Noticees has been continuously growing

    and undisputedly, more the number of investors/subscribers to such social

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    media channel, higher the percentage of profits that would likely to accrue to

    the persons indulged in such fraudulent and unfair activities;

    e) Given the aforesaid contraventions, misdemeanors and fraudulent acts

    alleged to have been committed by the Noticees to corner large sums of

    unlawful gains, there is an urgent necessity for SEBI to take necessary

    remedial measures under the provisions of SEBI Act, 1992, to ensure that the

    Noticees are dispossessed of the unlawful profits earned by them by

    deploying the above discussed fraudulent and unfair scheme else, there is a

    strong possibility that the Noticees may attempt to divert the funds so earned

    out of their acts of deceit/ fraud and unfair acts, so as to go out of the reach

    of the law enforcement process. The powers vested under Section 11 (4) that

    enables that impounding of the proceeds of securities in respect of such

    transactions, either pending investigation or completion thereof ought to be

    invoked in the present case, so that no irreparable loss is caused due to

    possible diversion of such ill-gotten profits;

    46. In view of the foregoing compelling facts and circumstances and after a careful

    consideration of the totality of the facts surrounding the case which reveals such

    blatant acts of fraud & unfair acts have been committed by the Noticees to earn

    money in an unlawful manner, in my view the balance of convenience strongly

    lies in favour of invocation of the aforesaid statutory powers of SEBI to pass

    interim directions to the Noticees.

    47. The facts of the case narrated in the preceding paragraphs place before me a

    critical situation of urgency which calls for early invocation of power provided

    under Section 11 of the SEBI Act, 1992 in order to insulate the securities market

    from unfair and fraudulent acts like the ones perpetrated by the Noticees which

    are antagonistic and detrimental to the orderly development of the securities

    market. The startling revelations that came out of SEBI’s investigation which have

    been already narrated in the preceding paragraphs, show how entities who do not

    even possess basic minimum qualifications related to securities market have

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    blatantly disclosed in the social media channel that their team comprises 4 persons

    having combined experience of 40 years in the securities market and are in the

    process of seeking registration with the Regulator are seen with issuing stock

    recommendations. Considering the length of experiences in securities markets as

    claimed by the Noticees in their channel, it is but natural for the subscribers to

    strongly believe in and rely upon those speculative, and baseless stock tips &

    recommendations issued by the Noticees for taking trading positions in those

    scrips without knowing the true malafide intent and nefarious design crafted by

    the Noticees to make quick unlawful profits from the securities market. Such

    dubious acts of the Noticees are quite alarming hence, it becomes imperative to act

    immediately and restrain them from perpetuating such fraudulent activities in the

    securities market through any other scheme and in any other manner thereby

    further threatening the integrity of the securities market.

    48. I observe that the Hon’ble Courts of the country have time and again stressed

    upon about the need to curb the manipulative and unfair trade practices in

    securities market and in this respect, the Hon’ble Supreme Court of India in the

    matter of N. Narayanan Vs. SEBI [(2013) 12 SCC 152] has observed that “if market

    abuse is not properly curbed, then it would result in defeating the very object and purpose

    of SEBI Act......Prevention of market abuse and preservation of market integrity is the

    hallmark of Securities Law…Market manipulation is normally regarded as the

    “unwarranted” interference in the operation of ordinary market forces of supply and

    demand and thus undermines the “integrity” and efficiency of the market”. The Hon’ble

    Supreme Court have also observed that “Section 12A read with Regulations 3 and 4

    of the Regulations 2003 essentially intended to preserve ‘market integrity’ and to prevent

    ‘Market abuse’.” In yet another judgment passed in the matter of Kishore Ajmera

    Vs. SEBI [AIR 2016 SC 1079], the Hon’ble Supreme Court has further held that:

    “Investors' confidence in the Capital/Securities Market is a reflection of the effectiveness

    of the regulatory mechanism in force. All such measures are intended to pre-empt

    manipulative trading and check all kinds of impermissible conduct in order to boost the

    investors' confidence in the Capital market. The primary purpose of the statutory

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    enactments is to provide an environment conducive to increased participation and

    investment in the securities market which is vital to the growth and development of the

    economy.”

    49. Insofar as the impounding of unlawful gains is concerned, it has already been

    established by the investigation that the Noticee nos. 1, 2 and 3 were the

    Administrators of the said Telegram Channel, out of which Noticee nos. 1 and 2

    are brothers. Both of the said Noticees were involved in transmission of stock tips

    and recommendations to the Channel as well as execution of trades in the trading

    accounts of the Noticee nos. 4, 5 and 6, who are their family members. In the said

    process, which apparently seems to have been initiated by Noticee nos. 1 and 2, the

    other Noticees, i.e., Noticee nos. 4, 5, and 6, who are the family members of Noticee

    nos. 1 and 2 and, Noticee no. 3 who is the friend of Noticee no. 2; are unequivocally

    seen to have joined the illicit scheme devised by Noticee nos. 1 and 2 for their own

    gains. Noticee nos. 4, 5 and 6 have provided the commands and control of their

    respective trading accounts to Noticee nos. 1 and 2. Noticee no. 3, apart from being

    one of the Administrator of the said Telegram Channel, is also seen to have got

    the information about the impending recommendations to be made on the

    Telegram Channel before -hand through Whatsapp chats from Noticee no. 1. Thus,

    the deployment of the scheme and making of unlawful profits through the said

    scheme have been jointly and severally undertaken by Noticee nos. 1, 2,3, 4, 5 and

    6. Therefore, in the fitness of things, all the Noticee viz., Noticee nos. 1, 2, 3, 4, 5 and

    6 are liable to be held jointly and severally responsible for actively colluding with

    each other in devising and implementing the scheme for the unlawful profits

    made through the said scheme.

    50. Accordingly, as an urgent interim measure to prevent the Noticees from

    continuing with such fraudulent acts, it is now warranted that an order under

    Section 11 (1) read with Section 11 (4) (d) and 11B (1) be passed against the

    Noticees, restraining the Noticees from being associated with the securities market

    as well for impounding the unlawful profits so far made by them through their

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    fraudulent acts in contravention of various provisions of SEBI Act, 1992 and

    PFUTP Regulations, as pointed out above in the order.

    Order

    51. In view of the above, I, in exercise of the powers conferred upon me under

    Sections 11, 11(4) and 11B (1) read with Section 19 of the SEBI Act, 1992 hereby

    issue by way of this interim ex-parte order, the following directions, which shall be

    in force until further orders:-

    a) All the Noticees viz: Noticee nos. 1 to 6 are restrained from buying, selling or

    dealing in securities, either directly or indirectly, in any manner whatsoever

    until further orders.

    b) If the Noticees have any open position in any exchange traded derivative

    contracts, as on the date of the order, they can close out/square off such open

    positions within 3 months from the date of order or at the expiry of such

    contracts, whichever is earlier. The Noticees are permitted to settle the pay-in

    and pay-out obligations in respect of transactions, if any, which have taken

    place before the close of trading on the date of this order.

    c) The bank accounts of the Noticees are hereby impounded jointly and severally

    for an amount of INR 2,84,29,948 (alleged unlawful gains)

    d) Further, the Noticees are directed to open an escrow account with a

    Nationalized/Scheduled Commercial bank jointly and severally, and deposit

    within 15 days from the date of service of this order, the impounded amount

    as mentioned which has been prima facie found to be the proceeds of wrongful

    profits/gains allegedly generated from the unfair trade practices activity as

    noted above in this order. The said Escrow account/s shall be interest-

    bearing escrow account and shall create a lien in favour of SEBI. Further, the

    monies kept therein shall not be released without permission from SEBI.

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    e) The banks where the Noticees are holding bank accounts, jointly or severally,

    are directed to ensure that till further directions, except for compliance of

    directions as stated above, no debits shall be made in the bank accounts of

    the Noticees without the permission of SEBI. The banks are directed to ensure

    that all the above directions are strictly enforced. Only on production of proof

    of deposit of entire amount of INR 2,84,29,948 (either jointly or severally) in

    the escrow account/s, SEBI shall communicate to the banks to defreeze the

    bank accounts.

    f) The Noticees are directed not to dispose of or alienate any assets, whether

    movable or immovable, or any interest or investment or charge on any of

    such assets held in their name, individually or jointly, including money lying

    in bank accounts except with the prior permission of SEBI until the

    impounded amount is deposited in the escrow/s account.

    g) The Noticees are directed to provide a full inventory of all assets held in their

    name, individually or jointly, whether movable or immovable, or any interest

    or investment or charge on any of such assets, including details of all bank

    accounts, demat accounts and mutual fund investments, immediately but not

    later than 5 working days from the date of receipt of this order.

    52. The foregoing observations contained in this Order, are made on the basis of the

    material available on record. The prima facie findings as recorded in this order

    will be treated as allegations against the respective Noticees and the present order

    is to be also treated as an interim order cum show cause notice. The Noticees are

    hereby called upon to show cause as to why suitable directions, including the

    following, should not be issued/imposed against them under Sections 11(1),

    11(4)(d) and 11B (1) of the SEBI Act, 1992:

    a) Directing them to disgorge the amount equivalent to the alleged unlawful

    profits made on account of the scheme, as described above; and

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    Interim Order in the matter of Stock Recommendations using Social Media channel (Telegram) Page 37 of 37

    b) Directing them to refrain from accessing the securities market and

    prohibiting them from buying, selling or otherwise dealing in securities

    for an appropriate period.

    53. Further, the Noticees are called upon to show cause as to why appropriate penalty

    under Section 11B (2) and 11(4A) read with Section 15HA of SEBI Act, 1992

    should not be imposed on them for the alleged violations of SEBI Act, 1992 and

    PFUTP Regulations, as the case may be.

    54. This Order is without prejudice to the right of SEBI to take any other action that

    may be initiated against the Noticees in accordance with law.

    55. The Noticees may file their replies to SEBI within 45 days from the date of receipt

    of this Order. They may also indicate in their replies whether they wish to avail

    an opportunity of personal hearing in the matter.

    56. This Order shall come into force with immediate effect and shall be in force until

    further orders.

    57. A copy of this order shall be served upon the Noticees, Stock Exchanges, Banks,

    Registrar and Transfer Agents and Depositories for necessary action and

    compliance with the above directions.

    -Sd-

    DATE: January 12, 2022 S. K. MOHANTY

    PLACE: MUMBAI WHOLE TIME MEMBER

    SECURITIES AND EXCHANGE BOARD OF INDIA

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    Interim Order in the matter of Stock Recommendations using Social Media channel Telegram
    (Jan 12, 2022)