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Synopsis

The Delhi High Court on Tuesday reserved order in the interim bail plea of businessman Amit Arora, an accused in the Delhi excise policy scam case. He has sought interim bail on the grounds of his daughter's illness. 

Amit Arora is one of the directors of Buddy Retail Pvt. Ltd., who was arrested by the Directorate of Enforcement in connection with the alleged Delhi Excise Policy Scam case.

Senior Advocate Vikas Pahwa appeared for Arora and contended that his daughter is unwell and, as per medical records, requires the care of her parents. 

The senior counsel submitted that Arora’s daughter has a Scholastic Assessment Test (SAT) on December 2, and she is not preparing for the same due to her illness.  It was also contended that Arora is also not keeping well and has been in custody since November 29, 2022.

Opposing the interim bail plea, the counsel for ED argued that, as per the medical records, Arora’s daughter requires the care of family members and that there are other members of the family who can take care of her.

Taking note of the submissions, the bench of Justice Swarana Kanta Sharma reserved order in the interim bail plea. 

Notably, on September 6, the high court allowed Arora to be admitted to the hospital for post operative care after his surgery. The bench had noted, "Firstly, every person suffering from a medical ailment is entitled to an effective and appropriate medical treatment and secondly, the prosecution is also entitled for ensuring that the interim bail does not become a shortcut method to circumvent the rigors of the special legislation as Section 45 in the present case."

The bench had stressed that the courts function on the golden principle of criminal jurisprudence and that detention during the period of investigation and trial cannot be a punitive measure. "If a person is sick, he should be given appropriate medical treatment in order to at least enable him to face the trial ir accordance with the law," the bench said.

Considering the matter at hand, the court had directed Arora to be admitted to RML Hospital; however, Arora will remain in the custody of the superintendent jail at RML Hospital. Additionally, appropriate security guards will also be deployed with Arora.

Amit Arora’s name is mentioned both in the ED and the Central Bureau of Investigation cases as accused, along with Dinesh Arora, another director of Buddy Retail Pvt Ltd. Other accused persons include Delhi Deputy Chief Minister Manish Sisodia, the then Excise Commissioner Arva Gopi Krishna, Deputy Commissioner Anand Tiwari, and Assistant Commissioner Pankaj Bhatnagar, Manoj Rai, a former employee of Pernod Ricard; Amandeep Dhal, director of Brindco Sales; and authorized signatories of Mahadev Liquors Sunny Marwah, Arun Ramchandra Pillai, Arjun Pandey, and others.

Case Title: Amit Arora v. Directorate of Enforcement