Liquor Policy: Delhi Court Grants Bail To Two Accused In Money Laundering Case

A Delhi Court has granted bail to two accused persons in the money laundering case connected to implementation of the national capital's excise policy of 2021-22.

Special Judge MK Nagpal of Rouse Avenue Courts granted bail to Rajesh Joshi and Gautam Malhotra and ordered their release from custody subject to furnishing of a personal bond of Rs. 2 lakhs each.

It has been alleged by Enforcement Directorate that Joshi, a businessman, was an associate of Vijay Nair and was involved in channelization of the kickbacks through expenditure borne by Aam Aadmi Party in the Goa Assembly elections, 2022 through his media company namely M/S Chariot Media Pvt. Ltd.

The agency further alleged that both Joshi and Malhotra were actively involved in money laundering by way of different activities relating to the proceeds of crime like its concealment, possession, acquisition, use and projection etc.

While granting bail to Joshi, the court said that he is not in the liquor business and admittedly was also not a participant in any of the meetings which allegedly took place between the other co­ accused persons or conspirators in connection with formulation of the excise policy or its implementation.

“Further, he is also not alleged to be a member of the above South lobby or liquor lobby belonging to any region and hence, admittedly, he is not amongst the persons who are alleged to have paid the above kickbacks to the co­accused Manish Sisodia or his other associates in politics or holding public offices and he is also not a recipient of the said kickbacks or bribe,” the court noted.

It added that there is nothing to infer that Joshi will tamper with evidence or documents and influence the witnesses in any manner.

Furthermore, the special judge observed that it cannot be said that Malhotra became part of the conspiracy or cartel or joined it with his free consent to commit the alleged offences in the CBI case or money laundering.

“Further, the applicant Gautam Malhotra also cannot be considered to be a flight risk as he belongs to a family having well established liquor manufacturing business in the State of Punjab and also selling their liquor brands in other States and his father is also stated to be a senior politician in the State of Punjab,” the court said.

AAP leader and Delhi’s former deputy Chief Minister Manish Sisodia has been denied bail by the special judge in both CBI and ED cases. His bail pleas are presently pending before the High Court.

ED has alleged that the excise policy was implemented as part of a conspiracy to give wholesale business profit of 12% to certain private companies. It has said that such a stipulation was not mentioned in the minutes of meetings of Group of Ministers (GoM).

The agency also alleges that there was a conspiracy which was coordinated by Vijay Nair and other individuals along with South Group to give extraordinary profit margin to wholesalers. It was contended that Nair was acting on behalf of Sisodia.

Sisodia was arrested by the CBI on February 26 after an interrogation of more than 8 hours. He was named as an accused in the FIR. It is the case of the probe agency that there were alleged irregularities in the framing and implementation of the excise policy for the year 2021-22.

Senior Advocate Dr. Menaka Guruswamy, assisted by Advocates Rajat Bhardwaj, Shivender Dwivedi, Utkarsh Pratap and Lavkesh Bhambhani represented Rajesh Joshi.

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