Tag: Excise

Excise scam: Court extends Manish Sisodia’s judicial custody till May 23

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New Delhi: A Delhi court on Monday extended AAP leader and former Delhi Deputy Chief Minister Manish Sisodia’s judicial custody till May 23 in connection with the Delhi excise policy case being investigated by the Enforcement Directorate (ED).
The ED has alleged that Sisodia was the mastermind behind the entire excise policy case and that he had deliberately leaked the policy to the co-accused to generate financial kickbacks.
Sisodia is currently in judicial custody.

The ED had arrested Sisodia on March 9 after the Central Bureau of Investigation (CBI) arrested him on February 26 this year.
Last month, Special CBI Judge M. K. Nagpal of Rouse Avenue Court had denied bail to Sisodia, holding that the evidence, prima facie, “speaks volumes” of his involvement in the offence.
Last week, High Court judge Dinesh Kumar Sharma sought the ED’s response to Sisodia’s bail plea and another application seeking interim bail on the ground of his wife’s ill-health and listed the matter for further consideration on May 11.
In the case being probed by the CBI, Delhi court extended Sisodia’s judicial custody till May 12

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( With inputs from www.siasat.com )

May 8, 2023
Excise policy case: Delhi court grants bail to 2 accused citing ‘insufficient evidence’

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New Delhi: A Delhi court has granted bail to two accused persons in a money laundering case related to alleged excise scam, saying the evidence was not sufficient for the case against them to be considered prima facie “genuine”.
Special Judge M K Nagpal granted the relief to Rajesh Joshi and Gautam Malhotra on a personal bond of Rs two lakh each and one surety of like amount.
The same judge had dismissed AAP leader Manish Sisodia’s bail plea in the case on April 28 and in a related corruption case, being probed by the CBI, on March 31.

In connection with the bail plea by Joshi, the court said it was of the prima facie view that the evidence was not sufficient to make it believe that the case against him was genuine or that he was going to be held guilty of the offence of money laundering.
On Gautam Malhotra, the court said that the case of the prosecution as based on oral and documentary evidence “cannot be prima facie considered to be a genuine case”.
The judge further said in the order passed on May 6 that the mere apprehension that the accused may resort to commission of an offence again will not be sufficient to oppose bail.
He observed that Joshi was not in the liquor business and admittedly, he was also not a participant in any of the meetings which allegedly took place among the other co- accused or conspirators of the criminal conspiracy in connection with the formulation of the now-scrapped excise policy or its implementation.
Joshi is also not alleged to be a member of the ‘South lobby’ or the ‘liquor lobby’ of any region and hence, admittedly, he is not among the persons who are alleged to have paid the kickbacks to co- accused Sisodia or his other associates, and he is also not a recipient of the kickbacks or bribes, he noted.

On the ED’s claim that Joshi was involved in the transfer of advance kickback amount of around Rs 20 -30 crore that was allegedly used in the AAP election campaign for the 2022 Goa assembly polls, the court said there was nothing on record at this stage to link these payments.
It noted Joshi was arrested on February 8 and even prior to that, he was stated to have joined the investigation of this case, as well as that of the connected case being probed by the CBI.
Regarding Malhotra, it noted the ED had claimed that he had paid Rs 2.5 crore as bribe or kickbacks for the ‘South liquor lobby’ and this fact was specifically stated by co-accused Amit Arora.
However, it pointed out that approver Dinesh Arora expressed total ignorance about this transaction. “The statements on this aspect made by the approver cannot be sidelined or ignored at this stage as he is a star witness,” the judge said.
The court further dismissed the ED’s contention that Malhotra formed a cartel by participation in the liquor business of Delhi at all the three levels of manufacturing, wholesale and retail, and thus, he became a member of the super cartel and the criminal conspiracy with the other co- accused.
“Though the above cartel might have been formed in violation of provisions of the excise policy… it appears to be a pure business cartel formed to push the sale of liquor brands of the manufacturing unit(s) of the applicant,” it said.
The court noted it was the admitted case of prosecution that Malhotra had not played any role in the formulation of the excise policy and was even not a part of the ‘South lobby’ paying advance kickbacks of Rs 100 crore.
“Again, he is also not alleged to have paid any such advance kickbacks to co -accused Vijay Nair, other politicians of AAP or other public servants before or in connection with the formulation of the said policy,” the judge said.
The only allegation of payment of any money or bribe against him is in the form of payment of Rs 2.5 crore to co -accused Amit Arora in May 2022, when this policy had already been in operation for a considerable time, he noted.
Even the evidence in the form of a statement by co -accused Amit Arora about the payment of Rs 2.5 crore bribe by him is not convincing enough, the court said.
Regarding the ED’s claim that the accused received proceeds of crime of Rs 48.9 lakh through excess credit notes, it said no specific or connecting evidence showing any such cash payments against the amounts of credit notes has been produced.
The judge said Malhotra also deserved to be granted default bail since the ED filed an “incomplete” supplementary complaint against him and “it has apparently been filed to scuttle or defeat the right of applicant to seek default bail”.
He added that neither Joshi nor Malhotra can be considered a flight risk. The court directed both the accused persons not to leave the country without its permission or threaten or influence witnesses.
However, it is made clear that the observations made in this order are only for the purpose of deciding the bail applications of the applicants and nothing contained in this order shall tantamount to the expression of any opinion on merits of the case, the judge said.
Sisodia, who was arrested on March 9, is currently in judicial custody in the case. The court on April 28 dismissed his bail application in the case, saying the evidence prima facie “speaks volumes of his involvement in commission of the offence”.
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( With inputs from www.siasat.com )

May 7, 2023
Excise policy case: Delhi court lists ED’s charge sheet against Sisodia on May 10

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New Delhi: A Delhi court on Saturday posted for consideration the Enforcement Directorate’s (ED) supplementary charge sheet filed against former deputy chief minister and Aam Aadmi Party leader Manish Sisodia in excise policy case on May 10.
The probe agency informed the Special CBI Judge M.K. Nagpal of Rouse Avenue Court that a proceed of a crime worth Rs 622 crore was generated due to the activities of the accused as excise minister.
On ED apprising the court that hard copy of the supplementary charge sheet has been filed, the judge directed it to file the soft copies of the charge sheet by May 8.

The probe agency had, on Thursday, filed a third supplementary charge sheet in the case naming Sisodia.
This is the first time that the ED has named Sisodia in its charge sheet in the matter. Earlier, the CBI, which is conducting a parallel probe into the excise policy case, had named Sisodia in its supplementary charge sheet.
The ED has alleged that Sisodia was the mastermind behind the entire excise policy case and that he had deliberately leaked the policy to the co-accused to generate financial kickbacks.
Sisodia is currently in judicial custody.
Judge Nagpal had, on April 29, also extended Sisodia’s custody till May 8 in the case registered by the ED.

The Delhi High Court on Thursday sought ED’s response on Sisodia’s bail plea.
Justice Dinesh Kumar Sharma issued notice on Sisodia’s bail plea and another application seeking interim bail on the ground of his wife’s ill-health.
ED’s counsel Zoheb Hossain said that the response will be filed to both the bail applications within a week.
Accordingly, the court listed the matter for further consideration on May 11.
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( With inputs from www.siasat.com )

May 6, 2023
Excise policy case: Delhi HC adjourns hearing on Sisodia’s interim bail plea to May 10

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New Delhi: The Delhi High Court on Thursday adjourned the hearing on former Delhi Deputy CM Manish Sisodia’s interim bail plea in the 2021-22 excise policy case being probed by the Central Bureau of Investigation (CBI) to May 10.
Appearing for the probe agency, Additional Solicitor General (ASG) S.V. Raju submitted before the bench of Justice Dinesh Kumar Sharma that “the change from 5 percent to 12 percent in the interest rate was made to get the kickback money. He (Sisodia) made the policy in such a way that guaranteed return in form of kickbacks came”.
“Sisodia concealed legal experts’ opinion given by eminent personalities as well. He hadn’t mentioned it anywhere. It was ignored completely. They (members of AAP) did not include it in the policy,” the ASG added.

He also said that there was a draft note prepared by a person named Rahul Singh on the instance of Manish Sisodia, which can be proved from their WhatsApp chats.
“The original is missing. Only a part of the draft has been retrieved from the phones,” he said.
Taking note of the submission, the judge adjourned the matter for further submissions to May 10.
Notably, Sisodia had moved the high court on Wednesday seeking interim bail in the case on the ground of his wife’s illness.
Earlier on Thursday, the high court had sought the Enforcement Directorate’s (ED) response on Sisodia’s bail plea in the same case.

Last week, Special Judge M.K. Nagpal of the Rouse Avenue Court had extended Sisodia’s judicial custody till May 12.
The court had also directed the CBI to supply an e-copy of the supplementary charge sheet to Sisodia.
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( With inputs from www.siasat.com )

May 4, 2023
Excise policy case: Vijay Nair tried to impress K Kavitha…, says ED

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New Delhi: Former communication in-charge of AAP, Vijay Nair, tried to impress KCR’s daughter K. Kavitha in the Delhi excise policy case, allegedly to gain their trust and generate kickbacks, the ED has said in the charge sheet, quoting another accused Buchi Babu, former CA of Kavitha.
Buchi Babu in his statement said that in March 2021, accused Arun Pillai and Abhishek had connected with Vijay Nair and Sameer Mahandru on Zoom call in Delhi in respect of the business opportunities in the upcoming Delhi excise policy. Buchi Babu said there was a political understanding between K. Kavitha and Delhi Chief Minister Arvind Kejriwal and former Delhi’s Deputy Chief Minister Manish Sisodia.
“Vijay Nair was trying to impress K Kavitha with what he could do in the policy. Vijay Nair was acting on behalf of the Delhi CM Arvind Kejriwal and Manish Sisodia. Vijay Nair was working on the excise policy at their behalf,” ED has said quoting Buchi Babu.

The understanding was that in exchange of the favours that can be done in the policy and in the Delhi liquor business for K Kavitha, some funds would be given to the AAP. Arun Pillai was also closely working with Vijay Nair on the policy discussions. During this entire process, he was only giving his services as a professional and understanding the business opportunities on her behalf along with Arun Pillai.
When ED asked Buchi Babu about having possession of parts of the Group of Ministers (GoM) report in his phone on March, 21 2021, he said that Vijay Nair sent this message to Arun Pillai and him and then he copied this message from his one phone to other phone.
“Vijay Nair sent this message to show that he is getting those changes added in the GoM and the same he had sent to Buchi Babu and Arun,” the ED charge sheet read.
After the meeting that took place in Gauri Apartments in New Delhi, Buchi Babu, Arun and Abhishek met with Vijay Nair and businessman Dinesh Arora at ITC Kohenoor in Hyderabad in June 2021. The meeting was to discuss various issues pertaining to South Group’s engagement in the Delhi liquor business, proposals etc.
(Except for the headline, the story has not been edited by Siasat staff and is published from a syndicated feed.)

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( With inputs from www.siasat.com )

May 3, 2023
Delhi excise policy ‘scam’ conspiracy by big leaders of AAP, Kavitha, YSRCP MP: ED charge sheet

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New Delhi: The alleged Delhi excise policy scam was a “conspiracy” by some of the big political leaders of the Aam Aadmi Party (AAP) and the ‘South group’ comprising BRS leader K Kavitha, YSR Congress MP M Srinivasulu Reddy and others who “used” proxies to conceal their involvement, the Enforcement Directorate (ED) has claimed in its latest charge sheet filed in the case.
A local court took cognisance of this prosecution complaint, filed by the ED on April 27.
“The scam included conspiracy hatched by government functionaries and political leadership cutting across states and payment of bribes to get undue favours,” the federal agency said.

“The main arm of the entire Delhi liquor scam rests on the conspiracy orchestrated by the top leaders of AAP through Vijay Nair on one hand and the South Group which consisted of Raghav Magunta, Magunta Srinivasulu Reddy, Sarath Reddy and K Kavitha on the other hand.”
Raghav is YSRCP Ongole MP Magunta Srinivasulu Reddy’s son.
“They (South group) were represented by Arun Pillai, Abhishek Boinpally and Buchi Babu,” the agency alleged.
In this conspiracy, it added, some of the big political leaders of various political parties have been found to be involved by using “proxies, dummies and web of exchanges/transactions to conceal their involvement”.
“On one hand it is Manish Sisodia (AAP leader and former Delhi deputy chief minister) and other top leaders of AAP and Vijay Nair who was working under the overall guidance and sanction of Manish Sisodia,” the ED said.

The agency has arrested a dozen people in this case till now including Sisodia, Nair (AAP communication in-charge), Raghav Magunta, and businessmen Reddy, Pillai and Boinpally. It has questioned and recorded the statement of Kavitha and Buchi Babu, alleged to be her accountant.
The agency has furnished a statement of Buchi Babu, recorded under the provisions of the Prevention of Money Laundering Act (PMLA) on March 28, in which he said that he bought a property from Srihari of Phoenix Group in the name of Engrowth Capital.
“D R Anilkumar, husband of Kavitha, was also a partner in this firm (Engrowth Capital). This firm has bought this land at a much-discounted rate from the market because K Kavitha is a big politician in Telangana.
“Similarly, K Kavitha has bought another property of 25,000 sqft from Srihari and Buchi Babu coordinated this paperwork on the directions of K Kavitha,” he told the ED.
“The market value of this property was Rs 1,760 per sqft while she only paid RS 1,260 per sqft. This was done by Srihari for K Kavitha because she is a big politician,” the ED quoted his statement.
Kavitha, the MLC daughter of Telangana Chief Minister K Chandrashekhar Rao, has denied any wrongdoing. The AAP too has called these charges politically motivated.
The ED also appended the statement of Arun Pillai, who is alleged to be the representative of Kavitha in the ‘South Group’, where he said that “in exchange of the kickbacks paid by K Kavitha to the AAP leaders, she got partnership stakes in Indo Spirits (an accused company in this case with its promoter being Sameer Mahandru)…”.
“The amount of kickbacks paid was Rs 100 crore for this deal,” Pillai told the ED.
“The excise policy scam has multiple branches which involved numerous business entities, persons, groups, key government functionaries and a number of middlemen.
“The scam included conspiracy hatched by government functionaries and political leadership cutting across states and payment of bribes to get undue favours.”
“The scam initiated with the drafting of the excise policy of 2021-22 by the AAP leaders, specifically by Manish Sisodia with an objective of generating illegal funds followed by a nexus/understanding between key players of the South Group and Manish Sisodia and thereafter managed by Vijay Nair, who is a representative of AAP, payment of advance kickbacks from the former to the latter in exchange of undue favours,” the ED said.
This was followed by the usage of seemingly simple business entities for the ulterior motive of recouping and recovering the kickbacks paid, it said.
Another aspect, it claimed in the charge sheet, of the scam involved various entities involved in a conspiracy to form cartels to increase their profits illegally and in violation of the principles/objectives of the Excise policy 2021-22.
It is alleged that the Delhi government’s excise policy for 2021-22 to grant licences to liquor traders allowed cartelisation and favoured certain dealers who had paid bribes for it, a charge strongly refuted by the AAP.
The policy was subsequently scrapped and the Delhi lieutenant governor recommended a CBI probe, following which the ED registered the case under the PMLA.
(Except for the headline, the story has not been edited by Siasat staff and is published from a syndicated feed.)
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( With inputs from www.siasat.com )

May 2, 2023
Delhi excise policy case: ED names Raghav Chadha in supplementary chargesheet

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New Delhi: Aam Aadmi Party (AAP) MP Raghav Chadha on Tuesday said that reports stating that his name was mentioned in the Enforcement Directorate (ED) chargesheet in the liquor policy case are “malicious propaganda” to harm his credibility”.
Chadha said that he has not been made an accused or a suspect in any complaint by the central agency.
“I have not been named as an accused or even a suspect in any of the complaints filed by ED. There are no allegations whatsoever against me in the said complaints. It appears that in the complaint my name is mentioned as an attendee to some meeting, though the basis of making such an allegation is not clear,” the AAP MP said.
According to the chargesheet filed by ED, C Arvind, the then Secretary of Manish Sisodia in his statement said that Raghav Chadha was also present in the meeting held at Sisodia’s residence.

“Arvind’s statement said in the meeting held at former Deputy Chief Minister Manish Sisodia’s residence, in which Raghav Chadha, ACS Finance of Punjab Govt, Excise Commissioner, Varun Roojam, FCT and officers from Punjab Excise and Vijay Nair was also present”, the chargesheet said.
“News articles/reportage stating that I have been named as an accused in a complaint filed by the enforcement directorate are factually wrong, and incorrect and appear to be part of malicious propaganda to harm my reputation and credibility,” he added.
Chadha also appealed to the media to clarify the issue and said that failing which he would take legal action.
“I vehemently and unequivocally deny the commission of any alleged offence in any manner, in relation to the said meeting or otherwise. I request the media and publication houses not to cause any incorrect reporting and clarify this issue, lest I will be constrained to take legal action,” Chadha said.
The Enforcement Directorate (ED) on Tuesday named Aam Aadmi Party MP Raghav Chadha in Delhi’s excise policy case supplementary chargesheet.

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( With inputs from www.siasat.com )

May 2, 2023
Delhi court extends Sisodia’s ED custody in excise policy case

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New Delhi: A court here on Saturday extended former Deputy Chief Minister of Delhi, Manish Sisodia’s custody till May 8 in connection with the excise policy case being investigated by the Enforcement Directorate (ED).
On Friday, Special Judge M.K. Nagpal of the Rouse Avenue Court had denied bail to Sisodia holding that that the evidence, prima facie, “speaks volumes” of his involvement in commission of the offence.
The judge had also said that the purported medical condition of Sisodia’s wife was not a reason to grant him bail in this case.

Additionally, he stated that it was impossible to rule out the potential of Sisodia influencing key witnesses in the case.
The judge noted that the alleged offence against Sisodia was a “serious economic offence of money laundering” and that he has not been accused of committing the offence in his personal capacity, but rather in his official capacity as a public servant overseeing the Excise Ministry and serving as Delhi’s Deputy Chief Minister.
On Thursday, the same court extended Sisodia’s judicial custody till May 12, in the case being probed by the Central Bureau of Investigation (CBI).
The ED had earlier submitted before the judge that Sisodia had planted fabricated emails to show that there was public approval for the policy.
The directions to send these pre-drafted emails were given to Zakir Khan, Chairman of Delhi Minorities’ Commission, who then asked his interns to send the emails, the ED claimed.

The probe agency had also said that the 60 days given to complete the investigation against Sisodia are not over yet.
It said that it has found fresh evidence indicating Sisodia’s involvement in the alleged scam, and the investigation is at a crucial stage.
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( With inputs from www.siasat.com )

April 29, 2023
Excise policy scam: Sisodia denied bail in ED case

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New Delhi: A Delhi court on Friday denied bail to AAP leader and former Deputy Chief Minister Manish Sisodia in connection with the Delhi excise policy case being investigated by the Enforcement Directorate (ED).
Special judge, Rouse Avenue Courts, M.K. Nagpal pronounced the order after having reserved it on April 18.
The court had, a day before, extended Sisodia’s judicial custody by two weeks in the case.

On Thursday, the same court extended Sisodia’s judicial custody till May 12, in the case being probed by the Central Bureau of Investigation (CBI).
The ED had submitted before the judge that Sisodia had planted fabricated emails to show that there was public approval for the policy.The directions to send these pre-drafted emails were given to Zakir Khan, Chairman of Delhi Minorities’ Commission, who then asked his interns to send the emails, the ED claimed.
The probe agency had also said that the 60 days given to complete the investigation against Sisodia are not over yet. It said that it has found fresh evidence indicating Sisodia’s involvement in the alleged scam, and the investigation is at a crucial stage.
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( With inputs from www.siasat.com )

April 28, 2023
Delhi excise scam: Court to pass order on Sisodia’s bail plea on Friday

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New Delhi: A court here is likely to deliver on Friday its order on the bail application of former Delhi deputy chief minister Manish Sisodia in a money laundering case related to the alleged excise policy scam.
Special Judge M K Nagpal had reserved the order after hearing arguments on Sisodia’s plea seeking relief claiming that his custody was no longer required for investigation.
The Enforcement Directorate (ED) had opposed the application, asserting the investigation was at a “crucial” stage and claiming the senior AAP leader had planted fabricated e-mails to show there was public approval for the policy.

The federal agency had also said it has found fresh evidence of his complicity in the alleged crime.
The court had on March 31 dismissed Sisodia’s bail application in a corruption case, being probed by the Central Bureau of Investigation (CBI), saying he was “prima facie the architect” in the criminal conspiracy behind alleged payment of advance kickbacks of around Rs 90-100 crore meant for him and his colleagues in the Delhi government.
The court had observed that the release of Sisodia, at the moment, will “adversely affect the ongoing investigation”.
The CBI and the ED had arrested Sisodia for alleged corruption in the formulation and execution of the now-scrapped Delhi Excise Policy 2021-22 and for laundering the money so generated.
(Except for the headline, the story has not been edited by Siasat staff and is published from a syndicated feed.)

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( With inputs from www.siasat.com )

April 27, 2023