Excise case: Court to pass order on cognizance point on ED’s chargesheet against Manish Sisodia on May 30

New Delhi [India], May 19 (ANI): The Rouse Avenue Court of Delhi on Friday reserved the order on cognizance point on the chargesheet filed by Enforcement Directorate against former Deputy Chief Minister Manish Sisodia and others in the excise policy case.

After hearing the submissions of the Enforcement Directorate on cognizance, Special Judge MK Nagpal on Friday fixed the matter for May 30 for order.

On May 6, Delhi’s Rouse Avenue Court was apprised by the Enforcement Directorate (ED) that a proceed of the crime of around Rs 622 crore has been generated due to the alleged activities of the present accused Manish Sisodia.

ED apprised the court that the hard copy of the supplementary charge sheet has been filed.

ED on May 4 this year filed a supplementary charge sheet against Manish Sisodia in the Delhi Excise policy case.

The supplementary charge sheet was filed by special public prosecutor Naveen Kumar Matta.

The supplementary charge has more than 2100 pages. The operating part has 271 pages. The charge has been filed within the stipulated period of 60 days.

The Enforcement Directorate (ED) on March 9 arrested former Delhi deputy chief minister Manish Sisodia in the liquor policy case, after hours of questioning at Tihar Jail.

Sisodia was arrested by the CBI earlier in its ongoing investigation of a case related to alleged irregularities in the framing and implementation of the excise policy of the National Capital Territory of Delhi (GNCTD).

The CBI has already filed the charge sheet in the matter.

Recently, Sisodia has moved regular and interim bail pleas both in the high court. He has moved interim bail on the basis of his wife’s illness and seeks six weeks’ bail in that.

The High Court records there’s a plea for interim bail also on the grounds of illness of his wife.

Earlier, the Trial Court dismissed the bail plea of Manish Sisodia in a money laundering case.

The Rouse Avenue Court dismissed the bail plea of Manish Sisodia in a money laundering case related to the excise scam stating that “this case of economic offences having serious repercussions upon the general public and society at large as the evidence collected during investigation speaks volumes of his involvement in the commission of the said offence”

Court also noted that some evidence is also alleged to have surfaced during the investigation to show that some part of the kickback or bribe amount received from South lobby was spent or utilized in connection with the election campaign of the AAP in Goa and some cash payments through hawala channels are alleged to have been sent to Goa for bearing the said expenses and even some fake invoices are alleged to have been created as a cover-up for the cash amounts transferred through hawala channels.

It is stated that the above cash transfers were made as per instructions of the coaccused Vijay Nair, who was the representative of the applicant and the AAP and also the media in-charge of AAP and looking after the work related to said elections and he also roped in a company named- Chariot Productions Media Pvt. Ltd. owned by the coaccused Rajesh Joshi to do the election-related advertising work and other jobs for the party during said elections, noted the court.

Thus, in view of the above background, the serious nature of the allegations made and the role played by the applicant in the above criminal conspiracy, his connection with the activities relating to the generation or acquisition and use etc. of the above proceeds of crime within the meaning of Section 3 of the PMLA and the oral and documentary evidence collected in support of the same and as placed for the perusal of the court, this court is of the considered opinion that even if the rigours and restrictions contained under section 45 of the PMLA are viewed and construed reasonably, the prosecution has still been able to show a genuine and prima facie case for the involvement of the applicant in the commission of the alleged offence of money laundering.