Delhi Excise policy case: Trial court takes cognisance of CBI chargesheet, issues summons to all accused

Dec 15, 2022

New Delhi, (India), December 15 : The Rouse Avenue Court of Delhi on Thursday took cognisance on a chargesheet filed by the Central Bureau of Investigation (CBI) against Vijay Nair and Abhishek Boinpally, two public servants and others named in the chargesheet filed in connection with the Delhi liquor policy case.
Taking cognisance of the chargesheet, special judge MK Nagpal on Thursday issued summons to all accused named in it.
According to the CBI, besides Aam Aadmi Party (AAP)'s communications in-charge Vijay Nair and Abhishek Boinpally, the others named in the chargesheet are Mootha Gautam, Arun R Pillai, Sameer Mahendru and two former officials of Delhi's Excise department -- Kuldeep Singh and Narender Singh.
Only Nair and Boinpally were arrested by the CBI in the case and later granted bail.
However, Nair, Boinpally and businessman Mahendru are still in judicial custody in connection with a related case filed by the Enforcement Directorate (ED) against them. Their bail pleas in the matter are presently under the consideration of the court.
The same court had earlier noted that the chargesheet runs into almost 10,000 pages, with annexures. The court also noted that an E-Copy of the chargesheet along with a list of witnesses and supporting documents have also been filed.
The CBI recently filed a chargesheet against seven accused persons in the case, of which only two -- Nair and Bonipally were arrested.
The bail granted to them in the CBI case has been challenged before the Delhi High Court.
The chargesheet qua 5 other accused is filed without arrest, the court noted.
The CBI recently moved the high court challenging the trial court order granting bail to Nair and Boinpally in the excise policy case.
The HC later issued a notice to Vijay Nair and Hyderabad-based businessman Boinpally on the CBI's plea.
The petition stated that the trial court judge had not only granted a concession of bail to the respondent accused in an extremely serious and wide-ranging economic offence but the discretion was exercised at a very crucial stage of the investigation.
The premier central investigative agency further submitted that the seven tests prescribed by the Supreme Court to test any discretionary order dealing with a bail was not complied with in the case. It is also submitted that the a case of a conspiracy sought to have been carried out in an extremely convoluted manner with a clear purpose of making an attempt that the investigation if any, does not reach the real culprits.
According to the CBI, it commenced an investigation and unearthed the conspiracy hatched by the present applicant, who was collecting money from private liquor wholesalers in lieu of getting favourable changes made in Delhi's excise policy of 2021.
On November 14, 2022, Nair and Boinpally were granted bail by the Rouse Avenue court in the CBI case.
However, they were not released from the Tihar Jail as the ED had taken them into custody granted in the same money laundering case.