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Synopsis

In the bail plea filed by former Delhi Deputy Chief Minister and Aam Aadmi Party leader Manish Sisodia, in connection with the Delhi excise policy scam case registered by the Directorate of Enforcement (ED) against him, Special Public Prosecutor (SPP) Zoheb Hossain on Wednesday contended, “It is a 'Pendrive Policy' given to Mr. Arvind, Secretary of Manish Sisodia to copy paste it”, before the Delhi Court.

During the hearing, Special Public Prosecutor (SPP) Zoheb Hossain appeared for the ED, and Advocate Vivek Jain appeared for Sisodia.

Sisodia was produced physically before the court.

The SPP before making his submissions handed over an additional affidavit stating the status of the investigation in the present case, and also apprised the court that the investigation was undergoing. “We are yet to get more evidence”, he said.

Hossain also submitted that the suggestion of the expert committee for excise policy was to invite individuals and give only two retail vents. In Delhi, it used to happen through a lottery system, so that nobody has any idea who is picked, but Sisodia opted not to use this lottery system, he argued.

"Not a shred of evidence why private wholesalers were opted instead of government... Conspiracy was hatched in secrecy; all the elements of conspiracy are present," he said.

The SPP submitted that Sanjay Goel, the then Excise Commissioner, has stated that there was no discussion of giving wholesale to private players. “He is the man who has the confidence over the administration, he is the man who signs all the documents on day to day basis”, he added.

Hossain stated that if the wholesale business was kept with the government, there was no manner in which the kickbacks could have been taken. “Therefore, a new policy was framed, in lieu of Kickbacks”, he argued.

“We have evidence that Sisodia had e-mails planted. These have been received not only in the official e-mail account of the Excise Department but even in his personal e-mail account. The content of the e-mails was given by Sisodia which suited his agenda,” Hossain concluded his submissions.

Taking note of the submissions, Special Judge MK Nagpal of the Rouse Avenue Court Delhi adjourned the matter. The court listed the matter for hearing rebuttals of Sisodia’s counsel on April 18 at 2 pm.

Notably, Sisodia is currently in Judicial Custody till April 17. He moved the bail application in the ED case on March 21. 

It is to be noted that Sisodia had been denied bail by the Special Judge in CBI's case related to the Delhi liquor policy scam on March 31. He has moved the Delhi High Court challenging the denial of bail and the matter is being heard by Justice Dinesh Kumar Sharma. The single-judge bench had issued notice to ED in the plea and listed the matter for hearing on April 20. 

Case Title: Manish Sisodia v. Directorate of Enforcement 

Statue: The Prevention of Money Laundering Act; The Code of Criminal Procedure