Excise Policy Scam: DHC Grants More Time To ED, CBI To File Reply On Sisodia’s Bail Petitions

The Delhi High Court on Wednesday has granted more time to the ED and CBI to file their replies to the bail pleas filed by former Deputy CM and AAP leader Manish Sisodia, challenging the trial court order refusing him bail in the excise policy case.

The bench of Justice Swarna Kanta Sharma fixed May 13 for a detailed hearing in the matter while allowing the investigation agencies more time to file responses in the matter.

Appearing for the ED, Advocate Zoheb Hossain sought more time to file a reply in the matter and informed the court that the investigation officer was in the middle of filing another supplementary prosecution complaint in the case.

BENCH ORDERS

The bench issued notice to both agencies and sought their replies in the matter.

The court on the last date of the hearing also allowed applicant Manish Sisodia to continue to meet his ailing wife under custody once a week.

Previously on February 5, the court noted that in trial court, applicant Sisodia was allowed to meet his ailing wife at his residence once a week under custody.

However, with the dismissal order of the trial court, applications regarding weekly visits with the wife came to halt for Sisodia.

CASE HISTORY

On April 30, the Rouse Avenue Court dismissed the bail petitions of Sisodia for the 2nd time in the case and said, “This court isn’t inclined to admit the applicant to bail, either regular or interim, at this stage. The application under consideration is accordingly dismissed.”

Special Judge Kaveri Baweja stated, “It is apparent that the applicant individually, and along with different accused have been filing one or the other application /making oral submissions frequently, some of them frivolous, that too on a piecemeal basis, apparently as a concerted effort for accomplishing the shared purpose of causing delay in the matter.”

Also, court added that the period of incarceration of Benoy Babu and that of the applicant (Manish Sisodia) can’t be equated, particularly in view of the findings in the preceding paragraphs of this order that the applicant himself has attributed to the slow pace of the proceedings of the case.

Sisodia has been in custody since February 26, 2023, after arrest by the CBI.

Thereafter, he was arrested by the ED. Delhi CM Arvind Kejriwal and BRS Leader K Kavitha were also arrested in the excise policy case.

The ED & CBI alleged that irregularities were committed while modifying the excise policy, undue favours were extended to licence holders, the licence fee was waived or reduced and the L-1 licence was extended without the competent authority’s approval.

The probe agencies stated that the beneficiaries diverted, “illegal” gains to the accused officials and made false entries in their books of account to evade detection.

As per the allegations, the excise department decided to refund the earnest money deposit of about Rs.30 crore to a successful tenderer against the set rules.

Even though there was no enabling provision, a waiver on tendered licence fees was allowed from December 28, 2021-January 27, 2022, due to COVID-19, the probe agency said, adding that there was an alleged loss of Rs 144.36 crore to the exchequer.

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