Delhi Excise Policy PMLA Case: AAP's Vijay Nair moves HC for bail, hearing tomorrow

New Delhi [India], April 11 : Aam Aadmi Party (AAP) former communication head Vijay Nair has now moved to Delhi High Court for bail in the money laundering probe emerging out of the Delhi Government New Excise policy (now scrapped).
In February month, his bail was denied by the trial Court alongwith others. While rejecting the bail plea, the Rouse Avenue Court observed that none of the applicants/accused deserves to be released on bail in this case at this stage of proceedings as the allegations made against them are quite serious and relate to the commission of an economic offence of money-laundering defined by Section 3 and made punishable by Section 4 of the PMLA. Hence, their bail applications are being dismissed.
The bench of Justice Dinesh Kumar Sharma is scheduled to hear the bail plea of Nair on Wednesday.
Binoy Babu and Abhishek Boinpally, South-based businessmen already moved bail petitions in Delhi High Court.
The Enforcement Directorate in its second chargesheet in the Liquor excise policy case had named Vijay Nair, Sharath Reddy, Binoy Babu, Abhishek Boinpally, Amit Arora and 7 companies.
Vijay Nair and Abhishek Boinpally were granted bail by the trial in the CBI case in relation to the excise case, earlier. Later the CBI challenged the trial court order in the Delhi High Court, which is presently under consideration by the same bench.
Delhi's former Deputy Chief Minister Manish Sisodia was also arrested by the CBI and ED in a case of alleged irregularities in the framing and implementation of the excise policy of the Delhi Government.
Sisodia was arrested by the CBI on February 26, 2023, and by ED on March 9, 2023.
The Trial Court while denied bail to Sisodia in the CBI case recently said the allegations made against the applicant/Manish Sisodia are serious in nature and at this stage of the case, he does not deserve to be released on bail as he has been arrested in this case only on February 26, 2023, and investigation even qua his role has still not been completed, what to say about some other co-accused involved in the case whose roles are also yet being investigated.
According to the CBI, Sisodia had played the most important and vital role in the criminal conspiracy and he had been deeply involved in the formulation as well as the implementation of the said policy to ensure the achievement of the objectives of the said conspiracy.
The payment of advance kickbacks of around Rs 90-100 crores was meant for him and his other colleagues in the GNCTD and Rs 20-30 crores out of the above are found to have been routed through the co-accused Vijay Nair, Abhishek Boinpally and approver Dinesh Arora and in turn, certain provisions of the excise policy were permitted to be tweaked and manipulated by the applicant to protect and preserve the interests of South liquor lobby and to ensure repayment of the kickbacks to the said lobby, stated CBI.
The evidence collected so far clearly shows that the applicant through the co-accused Vijay Nair was in contact with the South lobby and formulation of a favourable policy for them was being ensured at every cost and a cartel was permitted to be formed to achieve a monopoly in sales of certain liquor brands of favoured manufacturers and it was permitted to be done against very objectives of the policy.
Thus, as per allegations made by the prosecution and the evidence collected in support thereof so far, the applicant can prima facie be held to be the architect of the said criminal conspiracy, noted the Court
In the case, the ED and the CBI had alleged that irregularities were committed while modifying the Excise Policy, undue favours were extended to licence holders, the licence fee was waived or reduced and the L-1 licence was extended without the competent authority's approval. The beneficiaries diverted "illegal" gains to the accused officials and made false entries in their books of account to evade detection.