Excise policy case: Delhi HC seeks ED's reply on businessman Dhal's plea

The Delhi High Court has sought the Enforcement Directorate`s (ED) response on the bail plea of businessman Amandeep Singh Dhal in a case related to the Delhi excise policy. Dhal has challenged Special Judge M. K. Nagpal of the Rouse Avenue Courts` order dated June 9 denying him bail stating that there is prima facie evidence indicating serious allegations against Dhal, an executive director of Brindco Sales Private Ltd. A vacation bench of Justice Tara Vitasta Ganju issued a notice to the ED and also asked the parties to file written submissions in the matter. The court then listed the matter for detailed consideration on June 28.

Dhal`s counsel Amit Desai sought bail on the ground that the prosecution complaint filed by the probe agency was not complete.

The ED said that Dhal`s petition is not maintainable.

Judge Nagpal had also dismissed Dhal`s bail plea in the corruption case being probed by the Central Bureau of Investigation (CBI).

Dhal was arrested by the ED on March 1 and later by the CBI in April.

The ED arrested Dhal under the Prevention of Money Laundering Act (PMLA) in the excise case and said that he, along with others, allegedly conspired and played an active role in formulating policy and facilitating kickbacks to the Aam Aadmi Party (AAP) and its recovery by the South Group through various means.

"It is observed that the role played by this applicant in commission of the alleged offence of money laundering is even (more) grave or serious than the role played by some other co-accused."

"... and further, some allegations of tampering of evidence, influencing of the witnesses and falsification of accounts and records have also been made against him, which are also required to be taken into consideration, along with the other material, for considering the question of grant of bail to him," the trial court had said.

"While considering the evidence on the face of it and without minutely testing its credibility or trustworthiness, it, prima facie, leads this court to form an opinion that the allegations made by prosecution against the applicant are serious in nature and he is not entitled to be released on bail even in this scheduled offences case of CBI," the judge said.

The evidence on record indicates a significant role played by Dhal in the commission of the alleged offences, leading to the dismissal of his bail application in the corruption case, it had added.

Both the ED and the CBI have alleged irregularities in the modification of the excise policy, including favouritism towards license holders, waiving or reducing license fees, and extending the L-1 license without proper approval.

The beneficiaries of these actions allegedly diverted illegal gains to the accused officials and falsified their accounting records to avoid detection.