Supreme Court Issues Notice In Plea Challenging Delhi HC Order Denying Bail To Businessman Amandeep Singh Dhall In Liquor Policy Case

The Supreme Court issued notice in the special leave petition filed by businessman Amandeep Singh Dhall assailing the judgment passed by the Delhi High Court denying him bail in the Delhi liquor policy scam case on the ground that he was instrumental and part of the conspiracy since inception.

The Bench of Justice Surya Kant and Justice Ujjal Bhuyan ordered, "Issue Notice." Thereafter, it listed the matter on November 18, 2024. 

A bail application under Section 439 of the Code of Criminal Procedure, 1973 (‘Cr.P.C.’) was filed on behalf of Dhall before the Delhi High Court seeking regular bail in a case registered by the Anti Corruption Branch, Central Bureau of Investigation (‘CBI’) for the offences punishable under Section 120B read with Section 447A of the Indian Penal Code, 1860 (‘IPC’) and Section 7 of Prevention of Corruption Act, 1988, (‘PC Act’) based on the directions of competent authority conveyed by Director, Ministry of Home Affairs (‘MHA’), Government of India, through a letter, wherein inquiry had been directed based on a letter/complaint written by the Lieutenant Governor, GNCTD, thereby alleging irregularities in framing and implementation of excise policy of GNCTD for the year 2021-2022.

It was the case of the Prosecution before the High Court that during the formulation of Delhi's Excise Policy for 2021-22, Dhall had engaged in a criminal conspiracy and 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 totalling around Rs. 90-100 crores were paid in advance to Vijay Nair, 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.

The High Court had observed that it did not find any ground for granting bail to the Dhall, at this stage, considering the seriousness of the allegations, the evidence collected by the prosecution and the fact that an FIR already stands registered against Dhall for paying a bribe to an officer of the Directorate of Enforcement to get his name removed from the present case.

Accordingly, the matter will be heard on November 11, 2024. 

Cause Title: Amandeep Singh Dhall v. Central Bureau Of Investigation (SLP(Crl) No. 12036/2024)