SAMEER MAHANDRU Vs. DIRECTORATE OF ENFORCEMENT

JUDGEMENT

(1.) The present application under Sec. 439 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C.') read with Ss. 45 and 65 of the Prevention of Money Laundering Act, 2002 (hereinafter referred to as 'PMLA') has been filed by the applicant/petitioner seeking interim bail for the petitioner in relation to ECIR/HIU-II/14/2022 registered under Ss. 3 and 4 of the PMLA, at PS CBI. FACTUAL MATRIX

(2.) The petitioner formed a Partnership Firm 'Indo Spirits' with one Arun Ramachandran Pillai and one Prem Rahul Manduri for the wholesale L-l license under the Delhi Excise Policy, 2021-22. As per the license, the company of the petitioner i.e., Indospirit Distribution Limited (wherein the petitioner had 38.27% shareholding) got 35% in the said firm, Arun Ramachandran Pillai got 32.5% and Prem Rahul Manduri got 32.5%. On 29/10/2021, the 'Indo Spirits' applied for the Wholesale L-l License, and was granted the same on 8/11/2021, by Delhi Excise Department. The firm then commenced its business operations from 17/11/2021 in terms of Excise Policy 2021-22. During this period, several manufacturers appointed the Firm, Indo Spirits, as their Wholesale Distributor in Delhi under the new Excise Policy. The New Excise Policy, 2021-22 came to be challenged on various grounds.

(3.) Subsequently, on 17/8/2022, CBI registered FIR No. RC0032022A0053 under Ss. 120B and 477A of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC') and Sec. 7 of the Prevention of Corruption Act, 1988 (hereinafter referred to as 'PCA') on the complaint of the Lt. Governor, Government of National Capital Territory of Delhi (GNCTD) against the petitioner and other accused persons regarding irregularities committed in the framing and implementation of the excise policy of the GNCTD for the year 2021-22.