AMANDEEP SINGH DHALL Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) The present bail application under Sec. 439 of the Code of Criminal Procedure, 1973 ('Cr.P.C.') has been filed on behalf of the applicant Sh. Amandeep Singh Dhall for grant of regular bail in case arising out of FIR bearing No. RC0032022A0053, registered on 17/8/2022 by the Anti Corruption Branch, Central Bureau of Investigation ('CBI'), Lodhi Road, Delhi.FACTUAL

(2.) On 17/8/2022, the present case was registered by the CBI for offences punishable under Sec. 120B read with Sec. 447A of the Indian Penal Code, 1860 ('IPC') and Sec. 7 of Preven0tion of Corruption Act, 1988, ('PC Act') on the basis of the directions of competent authority conveyed by Director, Ministry of Home Affairs ('MHA'), Government of India, through letter dtd. 22/7/2022, wherein inquiry had been directed on the basis of a letter/complaint dtd. 20/7/2022 written by the Lieutenant Governor, GNCTD, thereby alleging irregularities in framing and implementation of excise policy of GNCTD for the year 2021-2022.

(3.) The prosecution has alleged that during the formulation of Delhi's Excise Policy for 2021-22, the accused persons had engaged in a criminal conspiracy, and they had intentionally created or left loopholes in the policy to be exploited later. Allegedly, substantial kickbacks were paid to the public servants involved, in exchange for undue pecuniary benefits to the conspirators in the liquor trade. As alleged, kickbacks totaling around Rs.90.00100 crores, were paid in advance to Sh. Vijay Nair, Sh. Manish Sisodia, and other co-accused persons, by individuals in the South Indian liquor business (the 'South Group'). These kickbacks were reportedly returned to the conspirators through profit margins of wholesale distributors and credit notes issued to retail zone licensees connected to the South liquor lobby. The criminal conspiracy is also said to have resulted in the formation of a cartel involving three key components of the policy: liquor manufacturers, wholesalers, and retailers.