ARUN RAMCHANDRAN PILLAI Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) By way of instant petition filed under Sec. 482 of the Code of Criminal Procedure, 1973 ('Cr.P.C.'), the petitioner seeks setting aside of the impugned order dtd. 22/3/2024 passed by the learned Special Judge (PC Act), CBI-09, Rouse Avenue District Court, New Delhi ( 'learned Trial Court') in case no. CBI/56/2022 titled as 'CBI vs. Kuldeep Singh and Ors '.

(2.) Brief facts of the present case are that an FIR bearing No. RC0032022A0053 dtd. 17/8/2022 had been registered by the Central Bureau of Investigation ('CBI') alleging that during the formulation of 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 alleged that kickbacks totalling around Rs.90.00100 crores were paid in advance to 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.

(3.) After conducting investigation, CBI had filed charge-sheet before the learned Trial Court on 25/11/2022 against 07 accused persons including the present petitioner i.e., Sh. Arun Ramchandran Pillai (accused no. 5) for offences punishable under Ss. 120B of the Indian Penal Code, 1860 ('IPC') and Ss. 7, 7A and 8 of the Prevention of Corruption Act, 1988 ('PC Act'), cognizance of which was taken on 15/12/2022 by the learned Trial Court. First supplementary charge sheet was filed by CBI on 25/4/2023 before the learned Trial Court. Thereafter, second supplementary charge sheet had also been filed on 8/7/2023 before the learned Trial Court whereby the CBI had arrayed more accused persons.