Amandeep Singh Dhall Vs Directorate of Enforcement (Delhi High Court)
Delhi High Court granted bail in excise policy case as ED case is documentary in nature and all the documents are collected and there is no likelihood of his tampering with the witnesses or influencing the witnesses.
Facts-
The GNCTD released the Delhi Excise Policy for the Year 2021-2022 on 05.07.2021. After the fulfilment of all the procedures of tenders and allotment, the Excise Policy was implemented on 17.11.2021 by the GNCTD.
A Complaint addressed to the Union Home Secretary by the Hon’ble Lieutenant Governor, NCTD alleging large-scale malpractice and corruption in the framing and implementation of the Excise Policy for the Year 2021-22 and the said Complaint dated 20.07.2022 was conveyed to the Central Bureau of Investigation (CBI) by the Director, Ministry of Home Affairs, Government of India for necessary enquiry and action.
Thereafter, the CBI registered an FIR No. RC0032022A0053 dated 17.08.2022 u/s. 120B of the Indian Penal Code, 1860 r.w.s. 7/7A/8 of Prevention of Corruption Act, 1988 at Police Station CBI, ACB, New Delhi against Manish Sisodia and 14 others wherein no allegation were made against the Applicant regarding framing and implementation of the Excise Policy.
After five days of registration of the CBI case, the respondent also registered the aforementioned ED case. The Main Prosecution Complaint was filed by the ED on 26.11.2022 against five persons and thereafter 1stSupplementary Prosecution Complaint was filed on 06.01.2023 wherein it was alleged that the kickbacks were disguised through the issuance of Credit Notes to retailers with no direct transaction history.
