On Tuesday, the Delhi High Court refused to grant bail to businessman Amandeep Singh Dhall, citing significant concerns about his potential to influence witnesses and tamper with evidence in the Delhi liquor policy scam case.

“There is well-founded apprehension of the applicant herein influencing the witnesses and tampering with the evidence as, as a testament to the same an FIR stands registered against the accused”, the bench of Justice Swarana Kanta Sharma held. 

The Central Bureau of Investigation (CBI) has alleged that around Rs. 90-100 crores were advanced to individuals linked with the South Indian liquor industry, commonly referred to as the ‘South Group’, which includes Vijay Nair and Manish Sisodia. It's claimed that these kickbacks were funneled back to the conspirators through the profit margins of wholesale distributors and credit notes issued to retail zone licensees associated with the South liquor lobby. This purported scheme also involved the formation of a cartel comprising liquor manufacturers, wholesalers, and retailers.

The CBI initially filed charges against seven individuals, including Amandeep Singh Dhall, on November 25, 2022. Following further investigations, Dhall was arrested on April 18, 2023. Supplementary chargesheets were subsequently submitted on April 25, 2023, and July 8, 2023, against additional accused parties. Despite Dhall's bail application being rejected by the trial court on June 9, 2023, he pursued the matter by seeking relief from the High Court.

Senior Advocate N. Hariharan, representing Amandeep Singh Dhall, emphasized that Dhall had been fully cooperative with the CBI during the investigation, attending more than 35 investigative sessions and furnishing all necessary documents. Despite this level of cooperation, Dhall was arrested, and a supplementary chargesheet was promptly filed, which was argued as disproportionate considering his cooperation with the authorities.

Senior Advocate N. Hariharan contended that Dhall played the role of a whistleblower by reporting irregularities in the application of M/s Indo Spirits to the Excise Department and by filing petitions against certain market practices. Regarding the allegations related to involvement with the New Excise Policy 2021-22, it was clarified that while Dhall was part of information-sharing WhatsApp groups, he did not directly obtain any confidential documents.

On the contrary, Special Public Prosecutor D.P. Singh argued that Dhall was extensively involved in the criminal conspiracy and cartelization, maintaining intimate connections with co-accused individuals and facilitating meetings pertaining to the formulation of the excise policy. Despite being presented with evidence, Dhall purportedly provided misleading information and exhibited a lack of cooperation during interrogation. The CBI underscored substantial evidence implicating Dhall in the conspiracy, emphasizing the gravity of economic offenses and expressing concerns regarding potential witness tampering.

The court observed that the application for regular bail was initially filed on July 5, 2023. Despite claims of significant delays, it was revealed that the bail application was heard by the court only on four occasions, with Dhall's own actions contributing to the postponement of proceedings. Furthermore, Dhall received medical treatment in both private and government hospitals during this period, which alleviated concerns about his well-being. Therefore, any delay in hearing the bail application cannot be attributed to the court and cannot be considered as grounds for granting bail.

“The argument that the liberty of an individual is his fundamental right and his incarceration being prolonged due to non-hearing by this Court is contrary to the record, and rather the conduct of the applicant in moving multiple, frequent, interim applications resulted in postponement of the date of hearing in the regular bail application, though in the meanwhile, he remained in private hospital of his choice and government hospitals on many occasions. Therefore, the delay if any in hearing the bail application cannot be imputed to any court and be made a ground for grant of bail”, the court added. 

The court noted the FIR alleging that Dhall, along with Vijay Nair, Manoj Rai, and Sameer Mahandru, were actively involved in irregularities concerning the formulation and implementation of the policy. It was claimed that specific wholesale distributors issued credit notes to retail vendors with the intention of diverting funds to public servants, which included false entries in their accounts.

Regarding Dhall's role, the court noted evidence suggesting his involvement in a criminal conspiracy with co-accused Vijay Nair, organizing meetings with members of the South Group, and facilitating kickbacks through credit notes issued by his company. His possession of confidential government documents further indicated his significant role in manipulating the Excise Policy. Witness statements, documentary evidence, and recovered materials supported these allegations, the court observed.

“The applicant had paid bribe amount to and was constantly in touch with other co-accused persons in this FIR 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 in the present case”, the court added. 

Additionally, the court took note of the FIR registered against Dhall for purportedly offering bribes to sway the investigation, raising apprehensions about his ability to influence witnesses and manipulate evidence. Considering his associations with influential individuals and the gravity of the allegations, the court deemed no basis for granting bail at this juncture. Consequently, the court dismissed the bail application.