Delhi Liquor Policy PMLA Case: Court Dismisses Bail Application Of AAP MP Sanjay Singh

Delhi Liquor Policy Case: AAP MP Sanjay Singh's bail application was dismissed by a Delhi court after his judicial custody was extended till December 23

File Photo of AAP Rajya Sabha member Sanjay Singh

Delhi Excise policy PMLA case: A Delhi court on Friday dismissed the bail application of senior Aam Aadmi Party (AAP) leader Sanjay Singh in a money laundering case related to the Delhi excise policy 'scam.' The court observed that Singh was connected with the proceeds of crime to the extent of Rs 2 crore, and the case against him was genuine, news agency PTI reported. Singh, a Rajya Sabha lawmaker, was arrested on October 4 this year on charges of receiving Rs 2 crore, the alleged proceeds of corruption in formulating and executing the city government's excise policy for 2021-22, which was later scrapped.

In the court's order, special judge M K Nagpal stated, "It has been shown that the above amount of Rs. 2 crores was paid or delivered to him, through his associate Sarvesh Mishra who had earlier worked as Personal Assistant to him, and he apparently had accepted or taken the said amounts for and on behalf of the applicant", as quoted by PTI.

The judge highlighted that the Enforcement Directorate (ED)’s basic case was approved by the Supreme Court, which endorsed that bribes or kickbacks were paid for the formulation of the Delhi government’s excise policy of 2021-22. Despite Singh's argument that he was not named in the main FIR by the Central Bureau of Investigation (CBI) related to alleged corruption, the judge ruled that it was of "no relevancy" if the investigating agency showed sufficient evidence to support his involvement, as per PTI's report.

"The evidence and material are also sufficient to furnish this court reasonable grounds for believing that he is guilty of the said offence in terms of provisions under Section 45 of the Prevention of Money Laundering Act (PMLA)," the court said, adding that the conditions for bail were not satisfied.

The court mentioned that the bail applications of the other accused were already dismissed, and its interpretation of the PMLA provisions was not set aside by any superior court. The court noted that the Enforcement Directorate showed accused-turned-approver Dinesh Arora paid Singh Rs 2 crore. Arora’s statement, according to the court, "prima facie" indicated that the amount was a "bribe or kickback in lieu of favours extended to the stakeholders in the liquor business."

The court emphasised that Arora’s disclosures were corroborated by a protected witness with the pseudonym 'Alpha,' who stated that he delivered cash amounts to Singh's associate Mishra at his office. The court concluded that the evidence showed Singh's connection with the proceeds of crime generated through criminal activities related to excise policy, the report mentioned.

Delhi Liquor Policy Case: Sanjay Singh's ED Custody Extended Till January 10

This comes after a Delhi court, on Thursday, extended the judicial custody of the Rajya Sabha member in connection with a money laundering case related to the now-scrapped excise policy till January 10.

On Thursday, special Judge M K Nagpal extended Singh's judicial custody and directed the Enforcement Directorate (ED) to provide a copy of its fifth supplementary charge sheet and related documents to the accused, according to news agency IANS.

The ED's counsel requested time to supply the prosecution complaint and previous complaints, citing an ongoing issue regarding the identity of one prosecution witness referred to as 'Alpha' in the supplementary complaint. The court directed that copies of all previous charge sheets, relevant documents, and the fifth prosecution complaint with pseudonymous names be provided to Singh's counsel by December 23. The next hearing is scheduled for January 10, and Singh's judicial custody has been extended until then.

Senior advocate Mohit Mathur, representing Singh, argued that since the supplementary charge sheet against Singh had been filed, there was a degree of finality regarding the evidence collection, forming the basis for granting bail, an IANS report stated. Mathur highlighted that Singh was neither an accused, arrested, nor chargesheeted in the predicate offence being probed by the CBI, it further mentioned.

Sanjay Singh was arrested on October 4 by the Enforcement Directorate, which alleged his key role in the formulation and implementation of the now-scrapped 2021-2022 excise policy, benefiting certain liquor manufacturers, wholesalers, and retailers in exchange for monetary consideration.

Singh had moved the Delhi High Court against his arrest and remand but was denied relief. He subsequently appealed to the Supreme Court, challenging the High Court's order that upheld his arrest and remand by the ED. On October 13, he remarked in court that the ED had become an "entertainment department," prompting the judge to caution him against discussing unrelated matters.

The financial probe agency arrested Singh on October 4 after conducting searches at his residence in the North Avenue area.

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