ASG Raju takes the bench through differences between the old excise policy and the new excise policy.
ASG Raju: They wanted particular persons to be the wholesalers and so they modified the policy...
ASG Raju: What the Ravi Dhawan committee had suggested - everything wholesale to be controlled by the government.
ASG Raju: What they said- everyone who gives 5 crores will be eligible. In that manner, they could pick and choose who they wanted. So that is how Indospirit got it...only had to give 5 cr. In an auction he would not have succeeded.
ASG: Ravi Dhawan committee report points are produced here.
ASG: The old policy was not what they wanted. To change the policy they got Dhawan committee report but it wasn't what they wanted. So then they invited objections and suggestions. In those objections we see the role of the petitioner.
ASG: Our submission is that policy was framed in a manner to benefit the wholesalers...and I will show how it was framed and what was the role of the petitioner. They had a particular policy in mind and they created a facade to make it what they wanted.
ASG SV Raju: Policy decision we are not challenging.
Justice Khanna: But you say that policy decision was motivated for personal benefits. So will it not mean that you're challenging the policy decision?
Justice Khanna: 30 crores you say are transferred to Dinesh Arora. 35% given to Indospirit company... accused person who are wholesalers got 65%
Justice Khanna: The allegation is that the excise policy was manipulated for monopolisation and cartelization...whole sale trade you're referring to, not retail sale.
ASG SV Raju commences his arguments.
Justice Khanna: In the first chargesheet there is no allegation regarding the policy or the beneficiary? Is there any reference to the policy in first chargesheet?
ASG Raju: Yes
Justice Khanna: Place it on record.