Amandeep Singh Dhall is accused of criminal conspiracy with the co-accused Vijay Nair and being instrumental in facilitating and arranging meetings with members of the 'South Group'. The Delhi High Court on Tuesday dismissed Brindco Sales Private Limited director Amandeep Singh Dhall’s bail plea in the Central Bureau of Investigation (CBI) investigation into the now-scrapped excise policy. A single-judge bench of Justice Swarana Kanta Sharma observed, “Considering the overall facts and circumstances of the case, seriousness of the allegations and the evidence collected by the prosecution, and when charges are yet to be framed and evidence is yet to be recorded, and the fact that an FIR already stands registered against the applicant for paying bribe to an officer of Directorate of Enforcement for getting his name removed from the present case, this Court does not find any ground for grant of bail to the applicant, at this stage.”
The high court said the evidence collected by the prosecution and the material on record “prima facie” revealed that Dhall was in “criminal conspiracy with the co-accused Vijay Nair and he was instrumental in facilitating and arranging meetings with members of South Group”. “Moreover, since many of the witnesses in this case are well known to the present applicant (Dhall) and the applicant herein was also in contact with influential leaders of Aam Aadmi Party in Delhi Government for hatching conspiracy, this court holds that the triple test for grant of bail is not satisfied by the applicant herein. The allegations against the applicant are also serious in nature and their impact on the society and common man at large has to be considered as a factor while adjudicating an application seeking grant of regular bail,” the high court said. “He (Dhall) was also prima facie involved in recoupment of bribes/kickbacks by issuing additional credit notes through M/s Brindco Sales Pvt. Ltd. (L-1 licensee), out of the 12 per cent wholesale profit margin of his company since in pursuance of the conspiracy, 6 per cent of the profit margin was agreed to be paid towards recoupment of the kickback or bribe amount,” the high court added. The high court also noted that during the CBI’s investigation, three documents were seized from the premises of Brindco – a copy of the tender document dated June 7, 2021, and a confidential note dated May 20, 2021, signed by co-accused former deputy chief minister Manish Sisodia, and an unsigned copy of the Group of Ministers report dated March 22, 2021.
“These documents, which were included in the supplementary chargesheet filed on April 25, 2023, reflect that the present applicant was part of the conspiracy,” the high court said. The high court also noted Dhall’s “role in payment of additional credit notes worth Rs. 4.97 crores,” which it said had been clearly established through the statements of various witnesses and approver Dinesh Arora. The court also noted the FIR’s allegation that Dhall was constantly in touch with other co-accused persons, “which includes an officer of the Directorate of Enforcement, to get his name deleted from the array of accused persons in the liquor scam and to ensure that he is not arrested”. The high court observed that there is “well-founded apprehension” of Dhall influencing witnesses and tampering with the evidence. It dismissed Dhall’s bail plea while clarifying that its observations would not affect the “merits of the trial”.
