Excise policy case: Manish Sisodia moves Supreme Court for bail in CBI, ED case

New Delhi [India], July 6 : Delhi's former Deputy Chief Minister Manish Sisodia on Thursday moved Supreme Court for bail in CBI and ED cases related to alleged irregularities in the Delhi Excise Policy case.

Recently, the Delhi High Court denied him bail in both matters. In its order passed on July 3, 2023, in the ED case Delhi HC has stated that this court inter alia was of the view that in view of the high political positions held by the accused and his position in the party in power in Delhi, possibility of influence the witnesses cannot be ruled.

The twin conditions under Section 45 of PMLA are in addition to the triple test. This Court is of the considered view that the petitioner has not only been able to pass the twin conditions as provided under Section 45 of PMLA, but he has also not been able to cross the triple test, stated the Court.

"Given the discussion made hereinabove, I consider that the petitioner is not entitled to bail. The petition is accordingly dismissed", stated the bench of Justice Dinesh Kumar Sharma.

Earlier, Delhi High Court dismissed the bail plea of Manish Sisodia in a CBI case alleging corruption in the implementation of a previous liquor policy in the national capital.

On July 3, the Delhi High Court also dismissed the bail petitions of Vijay Nair, ex-communication in charge of Aam Aadmi Party, Abhishek Boinpally (Hyderabad Based Businessman), Binoy Babu Binoy (manager with a liquor company M/S Pernod Ricard) in connection with the same case.

The Rouse Avenue Court (Trial Court) earlier, dismissed the bail plea of Manish Sisodia in a money laundering case related to the Excise scam stating that "this case of economic offences having serious repercussions upon the general public and society at large as the evidence collected during investigation speaks volumes of his involvement in the commission of the said offence."

The Court also noted that some evidence is also alleged to have surfaced during the investigation to show that some part of the kickback or bribe amount received from South lobby was spent or utilized in connection with the election campaign of the AAP in Goa and some cash payments through hawala channels are alleged to have been sent to Goa for bearing the said expenses and even some fake invoices are alleged to have been created as a cover-up for the cash amounts transferred through hawala channels.

It is stated that the above cash transfers were made as per instructions of the coaccused Vijay Nair, who was the representative of the applicant and the AAP and also the Media Incharge of AAP and looking after the work related to said elections and he also roped in a company named Chariot Productions Media Pvt. Ltd. owned by the coaccused Rajesh Joshi to do the election-related advertising work and other jobs for the party during said elections noted the court.

"Thus, in view of the above background, the serious nature of allegations made and the role played by the applicant in the above criminal conspiracy, his connection with the activities relating to generation or acquisition and use etc. of the above proceeds of crime within the meaning of Section 3 of the PMLA and the oral and documentary evidence collected in support of the same and as placed for the perusal of the court, this court is of the considered opinion that even if the rigours and restrictions contained U/S 45 of the PMLA are viewed and construed reasonably, the prosecution has still been able to show a genuine and prima facie case for the involvement of the applicant in the commission of the alleged offence of money laundering", it stated.

The Enforcement Directorate (ED) on March 9 arrested former Delhi deputy chief minister Manish Sisodia in the liquor policy case, after hours of questioning at Tihar Jail.

Sisodia was arrested by the CBI earlier in its ongoing investigation of a case related to alleged irregularities in the framing and implementation of the excise policy of the National Capital Territory of Delhi (GNCTD).

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