KALVAKUNTLA KAVITHA Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) This judgment shall govern disposal of BAIL APPLN. 1675/2024 filed by the applicant in case registered against her by Directorate of Enforcement and BAIL APPLN. 1739/2024 filed by the applicant in case registered against her by the Central Bureau of Investigation, since the same arise out of similar facts, the latter being the predicate offence and the former being a case registered on the basis of the predicate offence. The facts of the case and the allegations against the applicant, to a large extent, are therefore identical.FACTUAL BACKGROUND

(2.) Factual background of the case is that the Central Bureau of Investigation ('CBI') had registered a case bearing no. RC0032022A0053 on 17/8/2022, for offences under Ss. 120B read with 477A of Indian Penal Code, 1860 ( 'IPC') and Sec. 7 of Prevention of Corruption Act, 1988 ('PC Act').

(3.) The case of CBI, in brief, is that during the formulation of the Delhi's Excise Policy of 2021-22, the accused persons had entered into a criminal conspiracy, thereby intentionally creating or leaving loopholes in the policy to be exploited later on. Substantial kickbacks were allegedly paid in advance to the public servants involved, in exchange for undue pecuniary benefits to the conspirators in the liquor trade. It is claimed that kickbacks totaling around Rs.90.00100 crores were paid in advance to Sh. Vijay Nair, Sh. Manish Sisodia, and other co-accused persons, by certain individuals in the South Indian liquor business ('South Group'). These kickbacks were found to have been returned back to them subsequently out of the profit margins of wholesale distributors and also through the credit notes issued by them to the retail zone licensees related to the South liquor lobby. Furthermore, the criminal conspiracy allegedly resulted in the formation of a cartel among three components of the policy: liquor manufacturers, wholesalers, and retailers.