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Before the High Court, opposing Boinpally's bail plea, Special Public Prosecutor Zoheb Hossain had submitted that, “Boinpally is one of the key persons from the South Group in giving bribes of Rs.200 crore through Vijay Nair. He has been 'neck deep' in the conspiracy”. Hossain, on behalf of the Directorate of Enforcement (ED), dealing with the allegation of 'Illegal arrest', had stated that there was absolutely no violation, nor the Special Judge had pointed out any violation.
The Supreme Court on Friday sought the Enforcement Directorate's response in a plea filed by Abhishek Boinpally, a Hyderabad-based businessman and accused in the case registered by the Enforcement Directorate (ED) in connection with the Delhi Excise Policy case.
Boinpally's plea was heard by a bench of Justices Sanjiv Khanna and SVN Bhatti yesterday.
When the Enforcement Directorate sought an adjournment, Senior Advocate Mukul Rohatgi, appearing for Boinpally, urged that the case be heard.
Court then went on to issue notice returnable in October 2023.
"Counter affidavit/reply, if any, will be filed within a period of three weeks from today. Rejoinder affidavit, if any, may be filed within a period of two weeks after service of the counter affidavit/reply", the order adds.
In July, the Delhi High Court had "rejected" Boinpally's bail plea.
The bench of Justice Dinesh Kumar Sharma had held, "The learned trial court has examined the case on merits and has reached to a finding which is duly supported by this court. I do not find any illegality in the order of the trial court.....the accused person in the present case acting in furtherance of a conspiracy, circumvented the policy and got framed the policy in such a way that to continuously generate and channel illegal fund."
"The allegations are that deliberate loopholes were left to facilitate illegal and criminal activity. It is also pertinent to note that the investigation has revealed that 65% of stakes were given to the South Group in Indospirits to make it a mechanism of continuous generation and channelization of proceeds of crime", high court had further said.
Notably, on June 1, the single-judge bench had 'reserved order' in the bail plea.
Boinpally was a Director of Anoos Electrolysis & Obesity Pvt. Ltd, Anoos Health & Wellness Pvt. Ltd., Robin Distribution LLP, Agasti Ventures, SS Mines & Minerals, Master Sand LLP, Neoverse Realty Pvt. Ltd., Zeus Networking Pvt. Ltd and Valuecare Esthetic Pvt. Ltd.
On March 14, Boinpally moved the High Court challenging the trial court’s order denying him bail in a case registered by the Directorate of Enforcement (ED).
It is to be noted that on February 16, the Special Judge MK Nagpal of the Rouse Avenue Court, Delhi denied bail to Abhishek Boinpally, Vijay Nair, Sameer Mahendru, Sarath P Reddy, and Binoy Babu. All of them were arrested by ED in the money laundering case related to the Delhi liquor scam.
Case Title: ABHISHEK BOINPALLY vs. DIRECTORATE OF ENFORCEMENT
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