Delhi HC denies bail to Sameer Mahendru in money laundering case

Delhi HC denies bail to Sameer Mahendru in money laundering case

The Delhi High Court has refused to grant bail to Sameer Mahendru, a liquor businessman facing charges in a money laundering case linked to the alleged Delhi excise policy scandal. The court's decision was based on the belief that the need for a fair investigation should take precedence over his right to healthcare.

The high court noted that Sameer Mahendru, who had cited his poor medical condition as one of the reasons for requesting bail, did not have a life-threatening illness or a serious medical condition that would endanger his life and necessitate treatment outside of the jail.

Justice Swarana Kanta Sharma emphasized that, although the applicant's entitlement to healthcare and medical treatment is of paramount importance, it cannot take precedence over the urgent requirement to conduct a fair investigation and uphold the proper legal procedures.

Sameer Mahendru was arrested by the Enforcement Directorate on September 28, 2022, in connection with the money laundering case.

The high court stated that the allegations against Sameer Mahendru revolved around his alleged role as a primary conspirator and a significant figure in shaping the excise policy and its subsequent exploitation. Furthermore, he was accused of being part of the development of a super cartel that involved manufacturers, wholesalers, and retailers in the industry.

The court took note of the allegations that Sameer Mahendru had purportedly generated substantial profits, approximately Rs 192 crore, from a modest investment of Rs 15 crore in his company, M/s Indo Spirits. 

The high court took note of the respondent's (Enforcement Directorate) assertions regarding Sameer Mahendru's conduct during the investigation. They claimed that Mahendru had not cooperated with the investigation and had failed to provide the necessary information. Furthermore, it was alleged that at his behest, his legal counsel had attempted to influence witnesses who were employees of Mahendru and were summoned for questioning by the respondent. The court also observed that Mahendru had purportedly destroyed evidence, specifically his mobile phone, on at least four occasions when the alleged scam became public knowledge.

The accused asserted that he was experiencing various medical problems, such as issues with his back and knees, for which he had undergone surgeries. Due to his medical condition, he had been granted interim bail on multiple occasions.

The prosecution has alleged that Sameer Mahendru was one of the primary beneficiaries of the breaches in the excise policy. This is because he not only operated an alcoholic beverage manufacturing unit but was also granted a wholesale license, in addition to some retail licenses registered under the names of his relatives, which were in violation of the established norms and regulations.

The money laundering case is rooted in an FIR filed by the Central Bureau of Investigation (CBI).

According to both the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED), the purported irregularities took place during the modification of the excise policy. They assert that undue favors were granted to license holders. The Delhi government initially implemented this policy on November 17, 2021, but later revoked it at the end of September 2022 amid allegations of corruption.

The former Delhi deputy chief minister Manish Sisodia is also implicated as an accused in this case.

 

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