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TMI Blog2023 (7) TMI 1381X X X X Extracts X X X X X X X X Extracts X X X X ..... rectorate are as under: "5. An FIR No. RC0032022A0053 dated 17.08.2022 was registered by CBI, ACB, New Delhi against Sh. Manish Sisodia, Deputy Chief Minister, GNCTD of Delhi and others under Section 120B r/w 477A of Indian Penal Code, 1860 and Section 7 of Prevention of Corruption Act, 1988 for irregularities in framing and implementation of the excise policy of GNCTD of Delhi for the year 2021-22. 6. The FIR is registered on the direction of competent authority conveyed by Shri Praveen Kumar Rai, Director, MHA, Govt. Of India vide OM No. 14035/06/2022-Delhi-1 dated 22/07/22 for enquiry into the matter of irregularities in framing and implementation of the excise policy of GNCTD of Delhi for the year 2021-22. Vide said OM Shri Praveen Kumar Rai has also forwarded DO letter no. SLG/Conf./2022/75 dated 20/07/2022 of Shri Vinai Kumar Saxena, Hon'ble Lt. Governor, GNCTD of Delhi alleging irregularities in framing and implementation of the excise policy of GNCTD of Delhi for the year 2021-22. 7. The OM discloses that Shri Manish Sisodia, Deputy Chief Minister, GNCTD of Delhi, Shri Arva Gopi Krishna, the then Commissioner (Excise), GNCTD of Delhi and Shri Pankaj Bhatnagar, Assis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... CBI has filed a chargesheet dated 25.11.2022 with respect to their investigation done in the above-mentioned FIR no RC0032022A0053 dated 17.08.2022 in the Special Court, New Delhi. The cognizance of the same has been taken vide order dated 15.12.2022. 10. The gist of the CBI chargesheet is as under: a. The CBI has filed chargesheet in respect of the subject FIR on 24.11.2022. In the chargesheet filed by CBI. 6 accused persons have been covered- Sh. Sameer Mahandru, Sh. Vijay Nair. Sh. Abhishek Boinpally. Sh Gautam Mootha, Sh Arun Pillai and Excise officials Sh Kuldeep Singh. Deputy Commissioner, Excise. Sh Narinder Singh, Asst Commissioner. Excise. b. The CBI has found that, a conspiracy was hatched by Sh Vijay Nair along with Sh Abhishek Boinpally. Sh Dinesh Arora and others to get the undue benefits by circumventing the provisions of the policy. That, Sh Dinesh Arora is a close associate of Sh Vijay Nair and he participated in multiple meetings took place amongst Sh Vijay Nair. Sh Abhishek Boinpally and others to discuss and plan the conspiracy. In one of these meetings that took place in Hyderabad Sh Vijay Nair told Sh Dinesh is to coordinate with Sh Abhishek Boinpally ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Gali, Indospirit Marketing Pvt Ltd. In violation of the Excise Policy 2021-22. That, the excise officials granted L1 license to Indospirits without properly processing the file and collecting the requisite documents as well as without properly addressing the complaint against M/s Indospirits in lieu of Rs 30 lakh bribe taken by Sh Narender Singh from. Sh Sameer Mahandru and on the influence exerted by Sh Vijay Nair and Sh Dinesh Arora. h. That, Sh Abhishek Boinpally had threatened Sh Jagbir Sidhu of Diageo withdraw various complaints petitions filed anonymously/pseudonymously who he believed to have been filed by Sh Aman Dhall of Brindco, who was the wholesaler for Diageo else, Sh Abhishek Boinpally would blacklist Diageo from the 9 retail zones he was managing or was a part of. And that, he will get the wholesale license of his wholesale distributor M/s Brindco Sales and they will get it cancelled from the Excise Department. i. That, the part of the profits accrued from Indospirits have been transferred to Sh Arun Pillai, which was basically a recovery of the kickback given in advance. That, part of that sum has reached Sh Abhishek Boinpally through Sh Gautam Mootha of India ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... stigation done by ED has revealed as under: a. PMLA investigation done so far has revealed that, the Delhi Excise Policy, 2021-22 was created by the top leaders of the AAP to continuously generate and channel illegal funds to themselves. The extent of involvement and abatement done by the leaders of the AAP of the criminal activities undertaken by the accused further substantiates their design and scheme of the scam. The policy was formed with deliberate loopholes to facilitate illegal and criminal activities. b. The policy promoted cartel formations through back door, awarded exorbitant wholesale profit margin @12% and huge retail profit margin of 185% and incentivized other illegal activities on account of criminal conspiracy by the top leaders of AAP to extract kickbacks from the businesses. c. As disclosed by C. Arvind, DANICS, Secretary to Manish Sisodia, in his statement dated 07.12.2022, the draft GoM report was given to him in the mid of March 2021 when Sh. C Arvind was called by Manish Sisodia to the residence of Arvind Kejriwal, CM (where Satyender Jain was also present). The conspiracy of the GoM to give wholesale business to private entities and fix 12% margin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ncharge of Media and Communication for the AAP, had no role in the Delhi Govt. in fact acted as a broker/liaison/middlemen on behalf of the top leaders of the AAP for getting bribes/kickbacks from various stakeholders in the Delhi Liquor business in exchange of favourable outcomes (policy changes) in the Excise Policy of 2021-22, which was being drafted at that time. He even threatened the stakeholders who were not agreeing to his demands that he changes suitable/desired by them may not go through entirely if they do not concede to his demands. h. Sh Vijay Nair, in connivance with Sh Dinesh Arora and through him with Sh Amit Arora, has also arm twisted a wholesaler to surrender the L1 license and then coerced the manufacturers surrendered through that license to choose the wholesalers of his choice and favour to direct the profit margins to his coconspirators, so that there was complete control on the kickbacks to be extracted. i. Sh Vijay Nair, on behalf of leaders of AAP has received kickbacks to the tune of Rs. 100 Cr from a group, for convenience, we may call it the South Group (as termed in the statements of various persons recorded during the investigation), whose promi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Sh Benoy Babu and others, in conspiracy with the super cartel and Sh Vijay Nair gave their wholesale business to Indo Spirits. The Excise Policy 2021-22 required the manufacturers to register their brands at the Lowest EDP net of all discount/commission/rebate of any nature whatsoever, however, Pernod Ricard by way of conspiracy has got their price fixed without deducting the discounts/rebates they offer thus getting a much higher price fixed for their brands and thus earning a huge additional profit which was ineligible to them and should have been passed to the consumers as lower MRP. If the manufacturer had registered the brands at actually lowest EDP, the capacity of the manufacturers to give out credit notes would have been limited. However, Pernod Ricard paid Rs. 131.9 Crores credit notes to the retailers via the wholesalers, where the benefit of discounts was shifted to the retailers instead of the actual consumer at large. n. That, in order to create a device for continuous payment of kickbacks to Sh Vijay Nair, an unheard of margin of 12% was provided to the private wholesalers (L1s) contrary to the recommendations of the Expert Committee headed by Sh Ravi Dhawan, IAS a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... notes were an eyewash to transfer money illegally to pay kickbacks is evident from the fact that the ostensible reason of volume based credit notes was bogus and credit notes have been passed in an inconsistent manner considering the sale volume. For example, Pernod Ricard has not given any credit notes to M/s Adharv Enterprises (not a favoured L7) against the volume of 19,080 cases purchased in the months of Dec, 2021 Jan, 22 and Feb 22. However, Pernod Ricard has given Rs. 61.01 lakhs as credit notes to M/s Organomix Ecosystems Pvt. Ltd. (which is part of the South Group cartel) who has purchased 17,644 cases during the said 3 months." B. SUBMISSIONS ON BEHALF OF THE PETITIONER 4. Mr. Mohit Mathur and Mr.Dayan Krishnan, learned senior advocates with Mr.Vivek Jain, learned counsel appearing on behalf of the Applicant Mr.Manish Sisodia has advanced lengthy arguments assailing the order of learned Special Judge and emphasizing that in fact there is no material on record to even have an inference that Applicant Manish Sisodia has committed an offence under the Prevention of Money Laundering Act, 2002 (hereafter after referred to as "PMLA"). Learned senior counsels have submitted ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 3 offense only and its power to investigate and enquire stands confined to the offense of money laundering as defined in the Section. It has also been submitted that even for the offence under Section 120B IPC there must be material to show that the Applicant was involved in the conspiracy to deal in the alleged proceeds of crime. Learned senior counsels have submitted that the allegations made by the ED are absolutely vague and there are no reasonable grounds to believe that the Applicant would be found guilty of the offence of money laundering. 6. Learned senior counsels have submitted that at this stage the reliance on the statement under Section 50 PMLA cannot be placed in absence of any material corroboration. It has been submitted that though the statement recorded under Section 50 PMLA are admissible in nature but in the present case the statements given to the ED are hearsay evidence and suffers from material contradictions. Learned senior counsels have submitted that in the absence of corroboration with material evidence, an accused cannot even be held guilty solely based on the statement under Section 50 PMLA even at the conclusion of trial. Reliance has been placed upon ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... een submitted that as these officers were admittedly involved in the drafting and framing of this policy and the fact that they are now distancing themselves from the same need to be treated with grave suspicion. Learned senior counsels have submitted that even the roles of these public officials are quite doubtful. 8. Learned senior counsels during the course of submissions invited the attention of the court to the improvement/contradiction made in the statement of C.Arvind recorded on 07.12.2022 and 13.03.2023. The attention has also been invited to the contradictions in the statement of C. Arvind given to different agencies i.e. CBI and Directorate of Enforcement. Learned senior counsels have submitted that in view of the contradiction in the statements of C.Arvind, his statement is liable to be rejected out rightly. 9. Learned senior counsels have submitted that the statements of approver and co-accused under Section 50 of PMLA are not corroborated in material particulars with independent material and therefore, cannot be used to deny the bail. It has been submitted that the confessional statements of co-accused persons cannot be relied upon against other accused persons in t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at there was a political understanding between the Applicant, the CM of Delhi and Ms. K. Kavitha. Learned senior counsels have further submitted that the allegation relating to the merits of the framing of the excise policy are also baseless and in any case beyond the jurisdiction of the ED as it relates to the predicate offence. It has been submitted that the only relevant aspect to be investigated by the ED is the role of the applicant (if any) in any process or activity dealing with the alleged kickbacks being the proceeds of crime. It has further been submitted that the excise policy of the Government of NCT of Delhi is the collective responsibility of the Cabinet and the same was implemented after the same was drafted by Excise Department and approved by the planning, finance, and law department and was also duly approved by the Hon'ble LG of NCT of Delhi. 13. It has further been submitted that the inputs from various Departments were taken and a collective decision was taken on the basis of the material on record. It has also been submitted that the few modifications recommended by Hon'ble LG were also duly accepted. Learned senior counsels have further submitted that the ex ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... en submitted that Zone-Wise Auctions & Limitation of Number of Manufacturers were also policy decisions taken on rational and well-thought-out reasons like equitable distribution etc. 17. Learned senior counsels have submitted that in fact policy has been challenged by persons allegedly in conspiracy to frame the policy, reference has been made to the WP(C) 11319/2021 titled as Khao Gali Restaurants Pvt. Ltd. v. Commissioner, Excise, GNCTD and others and WP(C) 10189/2022 titled as Buddy (T-1D) Retail Pvt. Ltd. vs. GNCTD &Anr. It has been submitted that the fact that the alleged conspirators themselves challenged the policy completely belies the case of the ED. Learned senior counsels have further submitted that ED has made mountain out of the mole regarding alleged inconsistency between the draft dated 15.03.2021 and 18.03.2021. Learned senior counsels have submitted that the Applicant though denied the authenticity and veracity of the said documents alleged to have been recovered from the computer system in the office and conference room. It has also been submitted that the same were seized without following the procedure for the seizure of an electronic document. It has further ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... z. Finance, Planning and Law under the authority of Hon'ble LG of NCT of Delhi. It has been submitted that the changes in the policy were purely on the basis of valid policy considerations. Learned senior counsels have further submitted that the allegations of the ED that Vijay Nair is the "Representative of the Applicant" is not supported by any material except the statement record under Section 50 of PMLA. Learned senior counsels have further submitted that the statement in this regard of approver Dinesh Arora and co-accused Mr.Arun Pillai and Mr.Butchi Babu are vague and does not carry any weight. 21. It has been submitted that there is no material on record to show that Applicant Manish Sisodia was involved in or had any knowledge of any alleged kickback being paid through any person. Learned senior counsels have further submitted that allegation relating to grant of license to M/s Indo Spirits is based solely on self-serving and unreliable statements under section 50 of PMLA. It has been submitted that this allegation stems out of the statement under Section 50 of PMLA of Mr. C. Arvind, Mr. Arava Gopi Krishnan and the then Asst. Commissioner, Excise and Mr. Dinesh Arora. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... anding remained implemented and has no connection or link with the Applicant. Learned senior counsels have further submitted that in this regard there are material contradictions in the statement of Amit Arora dated 27.03.2023. 26. Learned senior counsels have further submitted that the Applicant fulfills the triple test. The allegations of the ED regarding frequent change of phone and destruction is baseless. It has been submitted that there is nothing on record that the phones in question contain some material piece of evidence. It has been submitted that the Applicant being in a high position could not have left his own mobile phone lying around and must destroy them when he ceases to use them. Learned senior counsel further submitted that allegation of the ED regarding the destruction of the cabinet file dated 28.01.2021 is also based on the statement of certain public servants and is not supported by any independent evidence. 27. It has further been submitted that as per the record, the Applicant had directed the then excise commissioner on 02.02.2021 to bring the summary of the public opinions and the committee report before the cabinet. It has further been submitted that s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rea. Learned senior counsels have submitted that the court is not required to record a positive finding that the accused had not committed an offence under the PMLA. Learned senior counsels have submitted that in Vijay Madanlal Chaudhary (supra) it was inter alia held that the court ought to maintain a delicate balance between a judgment of acquittal and conviction and an order granting bail much before the commencement of trial. The duty of the Court at this stage is not to weigh the evidence meticulously but to arrive at a finding on the basis of broad probabilities. Learned senior counsels have submitted that despite the twin conditions, it cannot be said that the conditions provided under Section 45 of PMLA impose absolute restraint on the ground of bail. C. SUBMISSIONS ON BEHALF OF THE RESPONDENT/ED 32. Mr.S.V.Raju, learned ASG and Mr.Zoheb Hossain, learned special counsel for the ED have submitted that the petitioner Manish Sisodia is one of the key conspirators in formulating, conceptualizing and implementing the various processes and activities in dealing with the proceeds of crime including creating an entire eco-system for generating, concealing, projecting as untaint ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ttee, the 12% margin amounting to 581 Crores would have come to the kitty of the government. Learned ASG submitted that the statement of Sanjay Goel dated 11.4.2023 and statement of C Arvind dated 13.03.2023 clearly indicates that there was no discussion in the GoM regarding the increase of margin from 5% to 12%. It has further been submitted that even the petitioner in his statement dated 07.03.2023 was unable to provide any rational explanation for increasing the profit margin from 5% to 12%. 35. Mr.S.V.Raju, learned ASG also invited the attention of the court to the statement of Mr. Arava Gopi Krishna in his statement dated 13.04.2023 wherein he has stated that neither the petitioner nor any other member of the GoM had asked the Excise Department about the calculation behind the 5% margin being allowed to the wholesaler when the license fee was 5 lakhs. Similarly, reference has been made to statement of Sh. Sanjay Goel, the then Excise Commissioner dated 17.02.2023. 36. Mr.S.V. Raju, learned ASG submitted that in fact the increase of profit margin to 12% was done with a malafide intention of granting huge benefits to private wholesaler in collusion with south group. It has bee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arned ASG has further submitted that the petitioner Manish Sisodia provided undue favours to Indo Spirits, which was designed as a vehicle for the recoupment of kickbacks to the South Group. It has been submitted that Mr. Manish Sisodia expedited the process of issuing the L1 license for Indospirits. In this regard, the reference has been made to the statement of Arava Gopi Krishna, the then Excise Commissioner dated 26.12.2022. The reference has also been made to the statement of Narinder Singh, Assistant Commissioner (IMFL), Delhi Excise in his statement dated 01.11.2022. 41. Learned ASG submitted that Dinesh Arora in his statement dated 01.10.2022 has revealed that the meeting took place at ITC Kohinoor for discussion on how to transfer Kickbacks, wherein Sh Vijay Nair, asked Dinesh Arora to coordinate with Sh. Abhishek Boinapally to get some funds, Approx Rs. 20-30 Cr from Hyderabad to Delhi. Mr.Zoheb Hossain has invited the attention of the court to the call detail records of Dinesh Arora in this regard. It has been submitted that infact profit margin was increased to 12% as out of 12%, 6% profit was earmarked as kickback which was to be given back to the AAP. In this regard ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ce of money-laundering. The expression "money-laundering", ordinarily, means the process or activity of placement, layering and finally integrating the tainted property in the formal economy of the country. However, Section 3 has a wider reach. The offence, as defined, captures every process and activity in dealing with the proceeds of crime, directly or indirectly, and not limited to the happening of the final act of integration of tainted property in the formal economy to constitute an act of money-laundering. This is amply clear from the original provision, which has been further clarified by insertion of Explanation vide Finance (No. 2) Act, 2019. Section 3, as amended, reads thus: "3. Offence of money-laundering.-Whosoever directly or indirectly attempts to indulge or knowingly assists or knowingly is a party or is actually involved in any process or activity connected with the [proceeds of crime including concealment, possession, acquisition or use and projecting or claiming] it as untainted property shall be guilty of offence of moneylaundering. [Explanation. -For the removal of doubts, it is hereby clarified that, - (i) a person shall be guilty of offence of money- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ention as our constitution takes note of the institutions of the world community which had been created. In Apparel Export Promotion Council v. A.K. Chopra, the Court observed that domestic Courts are under an obligation to give due regard to the international conventions and norms for construing the domestic laws, more so, when there is no inconsistency between them and there is a void in domestic law. This view has been restated in Githa Hariharan, as also in People's Union for Civil Liberties, and National Legal Services Authority v. Union of India. 273. On a bare reading of Section 3, we find no difficulty in encapsulating the true ambit, given the various arguments advanced. Thus, in the conspectus of things it must follow that the interpretation put forth by the respondent will further the purposes and objectives behind the 2002 Act and also adequately address the recommendations and doubts of the international body whilst keeping in mind the constitutional limits. It would, therefore, be just to sustain the argument that the amendment by way of the Explanation has been brought about already only to clarify the already present words "any" and "including" which manifest ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d elaborate documentation of the merit of the case need not be undertaken, there is a need to indicate in such orders reasons for prima facie concluding why bail was being granted particularly where the accused is charged of having committed a serious offence. Any order devoid of such reasons would suffer from non-application of mind. It is also necessary for the court granting bail to consider among other circumstances, the following factors also before granting bail; they are: (a) The nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence. (b) Reasonable apprehension of tampering with the witness or apprehension of threat to the complainant. (c) Prima facie satisfaction of the court in support of the charge. 48. Before proceeding further, it is also necessary to remind the scope of jurisdiction to be exercised while granting bail in the economic offence. The Hon'ble Supreme Court in the case of Y.S. Jagan Mohan Reddy v. CBI, (2013) 7 SCC 439 528 held as under: 34. Economic offences constitute a class apart and need to be visited with a different approach in the matter of bail. The economic offences having deep- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... th the proceeds of crime it will certainly be an offence under Section 3 of PMLA. The scope and ingredients of offence of money laundering under Section 3 of PMLA has been defined in Vijay Madanlal Chaudhary (supra). 51. The present case is very peculiar in nature and may not have any parallel factual matrix. In brief, the initial allegation in the predicate offence was that the conspiracy was hatched between the political head and certain persons which included an individual allegedly representing the government with the manufacturer, liquor wholesaler and retailer. The conspiracy allegedly was hatched to introduce a new excise policy to benefit certain individuals who had given advance kickbacks to the AAP. Allegedly the prominent players if we put names to the faces are Mr.Manish Sisodia, the then Deputy Chief Minister and Excise Minister, Mr.Vijay Nair, purportedly Media Incharge of AAP, Sameer Mahendru. Mr.Amit Arora, Mr.Dinesh Arora, Mr.Abhishek Boinapally, Mr.Sharad Reddy, Mr.Butchi Babu, Mr.Binoy Babu (liquor traders) and others. 52. This court is conscious of the fact that the investigation relating to the conspiracy to frame the excise policy allegedly with malafide int ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... his court is fully conscious of the fact that personal liberty is a sacrosanct right and pre-trial detention cannot be taken as a punitive measure. However, the court has to strike a balance between the interest of an individual and the interest of the society at large. This court is also conscious of the fact that though the statements recorded under Section 50 PMLA are admissible in evidence but their evidentiary value has to be weighed at the time of trial. It is pertinent to mention here that Mr.Mohit Mathur and Mr.Dayan Krishnan, learned senior counsels for Mr.Manish Sisodia have argued that the ED is only basing its case only on the statements of the witnesses recorded under Section 50 of PMLA. 56. The present case arises out of an alleged conspiracy wherein the government framed an excise policy with a malafide intention to recoup the kickbacks received in advance from certain individuals and to further generate the ill money from the liquor trade. There are witnesses and witnesses on record to show that certain outsiders were actively participating from the stage of drafting and formulation of the policy. The reference to the statements of the witnesses have been made duri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e trial. 59. The facts of the present case, as stated above, are unique in nature. Here are the serious allegations where it has been alleged that deputy Chief Minister/Excise Minister framed the excise policy at the instance of some outsiders, who were going to be beneficiaries of the same. The functioning of the government is such that generally it is done in a discrete manner. The outside public has no means to have any access while policies are framed. The policies are framed under the supervision of the political heads by the senior bureaucrats. The senior bureaucrats in the present case are saying that no discussion took place on the material points like the increase of margin from 5% to 12%. It has also come on the record that in the draft dated 15.03.2021, the profit margin was 5% and in the draft dated 19.03.2021, the profit margin was increased from 5% to 12% and no deliberation had taken place between 15.03.2021 and 19.03.2021. It has also come on the record that even before this report was submitted to the cabinet, the same was in possession of the liquor traders. In such a case, it is not only difficult but seems to be impossible to get any direct evidence. The procee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ant of L1 License and dealership of M/s Pernod Ricard to M/s Indospirits. Learned trial court held that it is safe to say that mens res to commit the offence of money laundering on the part of the Applicant can be inferred from the evidence placed on record. 63. In regard to the scheduled offences are concerned learned trial court inter alia held that the scheduled offences case of CBI was registered for the offence U/S 120B r/w 477A IPC and Section 7 of the PC Act and substantive offences thereof and chargesheets in the said case have been filed for offences u/S 120-B r/w 201 & 420 IPC and Sections 7, 7A, 8 and 12 of the PC Act and also the substantive offences thereof. The above offences under the PC Act are the scheduled offences under the PMLA and even the offence of criminal conspiracy made punishable by Section 120B IPC is found independently included in schedule of the PMLA and is, thus, a scheduled offence. 64. Learned Special Judge rejected the contention of learned counsel for applicant that there is no direct or satisfactory evidence on record to show the existence of any such criminal conspiracy or involvement of the accused therein. Learned Special Judge observed tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ressed in the present case on behalf of the ED and it has been submitted that during the one-year period of liquor scam, the applicant had used fourteen mobile phones having different IMEI numbers and four different SIM numbers in these mobile phones. 68. Learned trial Court took into consideration the statements made by responsible officers of the excise department which show that the file of cabinet note got prepared by the then Excise Commissioner Sh. Rahul Singh and sent for consideration of the GoM, along with the feedback given by public and the opinions given by some legal luminaries against total privatization of the liquor sector or business and for going with the earlier model of policy, was never returned back to the said office and the same had gone missing, which has also been alleged to be an attempt on part of the applicant to conceal or destroy an important piece of evidence. 69. Learned Trial Court further has relied on the evidence which shows that some part of the kickbacks or bribe amount received from South lobby was spent or utilized in connection with election campaign of the AAP in Goa and some cash payments through hawala channels are alleged to have been ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er) dated 13.04.2023. The ED has also alleged that even the petitioner Manish Sisodia in his statement dated 07.03.2023 could not give any plausible reason for increase of the margin from 5% to 12%. 73. The allegations are also that the draft GoM report was handed over by the petitioner Manish Sisodia to C.Arvind at C.M's House on 18.03.2021 wherein the margin was increased from 5% to 12% as compared to the earlier document dated 15.03.2021. 74. The ED has also referred to the statement of Butchi Babu dated 23.02.2023 showing interference of the South Group in framing of the excise policy. The allegations are also that e-mails were got planted by petitioner Manish Sisodia to show that there was public support to the recommendation of GoM. The ED has also submitted that there was role of the petitioner in conspiracy to allow illegal benefits in lieu of kickbacks of Rs.100 Crores and this regard they have relied upon the statement of Dinesh Arora dated 01.10.2023, statement of Arun Pillai dated 11.11.2022, statements of Butchi Babu dated 23.02.2023, 28.02.2023 and statement of Arun Pillai dated 16.02.2023. 75. It has also been submitted that co-accused Vijay Nair was representing ..... X X X X Extracts X X X X X X X X Extracts X X X X
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