Illegal ecosystem created to give benefits to liquor cartels to get kickbacks, says ED opposing Sisodia's bail

New Delhi [India], April 12 : The Enforcement Directorate (ED) on Wednesday opposed the bail plea moved by Delhi's former Deputy Chief Minister Manish Sisodia in a money laundering case related to Excise case and said, "An Illegal ecosystem was created to give illegal benefits to liquor cartels to get kickbacks."
Appearing for ED, Zohaib Hossain submitted before the Court that all the elements of conspiracy are present here in the matter.
"Conspiracy is hatched in secrecy, the policy made in the public domain," submitted the ED lawyer and also said, "Every process of activity dealing with proceeds of crime is money laundering."
The ED lawyer further alleged that Sisodia played a key role in modifying and implementing the modified policy.
"We have proof that the policy was modified without any deliberation and discussion. And we also have sufficient statements from various concerned persons to show that the profit margin increased from 6 per cent to 12 per cent was meant as kickbacks," he said.
In the matter, the expert committee suggested that individuals will apply and they will get two retail vends. This was to avoid cartelisation. This was supposed to happen through the lottery system but Manish Sisodia preferred the limited entity model.
ED further asked. "If the policy was genuine, why were emails planted by Manish Sisodia in favour of the policy?"
"Emails were planted through Minority Commission Chairman. Sisodia got emails planted on the mail address of excise dept which was the same address where the public comments were sought obverse the policy. Fabricated emails to show public approval for a policy. This is a sham approval," ED alleged.
On the wife's health, ED said, "Other people and family have been taking care of his wife for long. While he was holding 18 portfolios and was holding public meetings, there were other people attending to his wife. The humanitarian ground can't be used here."
After the conclusion of the arguments by the ED, Special Judge MK Nagpal fixed April 18, 2023, for rebuttal arguments, which are to be made by Manish Sisdodia's lawyer.
Earlier, appearing for Manish Sisodia, Advocate Vivek Jain argued that no PMLA case has been made against him.
"Section 45 of PMLA would come against me only if an offence under Section 3 is made out," the lawyer said.
"ED's reply opposing my bail doesn't even show I have concealed any proceeds of crime or acquired any proceeds of crime, or I projected proceeds of crime. Not a single rupee has come into my account or my family's account. They have raided my home, and they have checked my bank accounts. They even have gone to my native place," Adv Vivek Jain argued.
Manish Sisodia was physically produced before the Court on Wednesday during the arguments of his bail plea.
The Rouse Avenue Court was hearing a bail plea of Delhi's former Deputy Chief Minister Manish Sisodia in a money laundering case pertaining to alleged irregularities in the framing and implementation of the excise policy of the Government of National Capital Territory of Delhi (GNCTD).
Recently, the same court dismissed the bail plea of Manish Sisodia in a CBI case related to the Excise matter.
Earlier, ED said, "The act of pro-active destruction of evidence leads to only one inference that Manish Sisodia made conscious efforts to destroy evidence of the offence of money laundering," while it sought remand of Manish Sisodia in connection with the Excise Policy case.
Appearing for ED, Advocates Zohaib Hossain and Naveen Kumar Matta had earlier submitted that even in the statement given by Manish Sisodia on 07.03.2023 and 09.03.2023, he has been untrue.
"On being asked about his association with Dinesh Arora, who handled the transfer of kickbacks from the South Group to Vijay Nair, he gave an answer contrary to what has been revealed by independent persons/stakeholders," it said.
The ED earlier also told the court that Manish Sisodia had purchased SIM cards and mobile phones in other people's names.
"There was a conspiracy behind framing the excise policy. The conspiracy was coordinated by Vijay Nair, along with others and the Excise policy was brought out for extraordinary profit margin for wholesalers," ED argued in the court.
Countering Sisodia's lawyer's arguments, the ED lawyer told the court, "If the policy is a matter of executive then there would not be a coal scam or a 2G scam. He was arrested during his Judicial custody in Tihar Jail, where he was lodged in."
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.
The CBI arrested Sisodia in the liquor policy case on February 26, 2023.
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 GNCTD.