Kochi seafood exporter detained, extorted: Court orders police probe

Kochi: The Thripunithura Judicial First Class Magistrate Court has directed the Hill Palace Police to register a criminal case and conduct a fair and comprehensive investigation into allegations that a Kochi-based seafood exporter was wrongfully detained, assaulted and coerced into signing financial agreements and issuing cheques in connection with a disputed multi-crore business claim.

The order was passed on August 21 by Judicial First Class Magistrate Aminakutty PM in a petition filed by Nihas Musthafa, managing partner of Premier Marine Foods and a resident of Nadama, Thripunithura.

Musthafa’s complaint names nine individuals, including Bandi Srujan Kumar Reddy and Sambasiva Rao, partners of Andhra Pradesh-based Sree Sai Lakshmi Aqua Trading Company; Ernakulam-based advocates Bilal and Meera; two Andhra Pradesh police personnel; and other identifiable accomplices.

According to the petition and submissions made by Musthafa’s lawyer T R S Kumar, the incident occurred on June 23 at Musthafa’s residence in Thripunithura.

A seven-member group, allegedly comprising the Andhra Pradesh-based businessmen and two Andhra police personnel, trespassed into his house and threatened Musthafa, his mother and other family members, demanding payment of an alleged ₹10-cr liability arising from earlier shrimp consignments, the complaint stated.

When Musthafa allegedly refused to make the payment, the group assaulted him, confined him to a room and forcibly made him sign financial agreements and issue cheques, according to the complaint.

The group, accompanied by the police personnel, subsequently took Musthafa and his brother to the Hill Palace Police Station to create an impression that it was all legal, his lawyer submitted. The complaint alleges that the local police failed to intervene or initiate legal action and instead pressured Musthafa to settle the dispute before releasing him.

Musthafa has disputed the ₹10-cr due claim, maintaining that all accounts relating to shrimp transactions with the Andhra firm had been settled through banking channels and authorised representatives around four years ago.

“If Nihas had defaulted, the Andhra cops could have arrested him and put him in jail. But they resorted to underhanded means to create evidence. They tried to create evidence to support their case,” Advocate T R S Kumar told the media.

CCTV footage from the Hill Palace Police Station, payment transaction records and documents relating to the alleged physical assault were among the evidence submitted before the magistrate, according to the complaint.

Musthafa approached the court under Sections 222 and 223 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) after complaints submitted before the Sub-Inspector of Police and the Kochi City Police Commissioner allegedly failed to result in action.

Andhra firm rejects extortion allegations

The Andhra Pradesh-based firm had earlier denied the allegations of extortion, intimidation and assault.

Bandi Srujan Kumar Reddy, who addressed a press conference in Kochi on August 5, said he had been supplying seafood to Kerala exporters for 25 years and was facing severe financial difficulties because of unpaid dues from parties across Kerala.

Reddy claimed that Musthafa and an associate had cheated his firm of ₹4.9 cr. He said this had prompted him to lodge a complaint at the Gannavaram Police Station in Andhra Pradesh under Section 420 of the IPC, corresponding to Section 318(4) of the Bharatiya Nyaya Sanhita.

Reddy maintained that the Andhra Pradesh police had travelled to Kerala only for official investigative purposes. He claimed that the police visited Musthafa’s residence after informing the Hill Palace Police and did not intimidate or assault anyone.

He further alleged that Musthafa had created a false narrative to evade police scrutiny and ongoing proceedings relating to bounced cheques.

Court finds prima facie case, orders investigation

While allowing Musthafa’s petition, the magistrate considered the case records, the complainant’s affidavit and the report submitted by the Hill Palace Station House Officer. The court concluded that the allegations warranted a criminal investigation.

“....on perusal of the affidavit and the records, as well as after conducting inquiry and considering the report, it is seen that prima facie the ingredients of the alleged offences are attracted. Investigation is found necessary in order to elicit the truth,” the order stated.

The magistrate consequently directed the SHO to register a case and submit a report before the court. “The Station House Officer shall register a case, conduct a fair investigation, and file a report before this Court,” the order said.

Hill Palace police confirmed that they were aware of the court’s directive and that a case would be registered soon.