Excise Policy: Delhi High Court Denies Bail To AAP Leader Sanjay Singh In Money Laundering Case

The Delhi High Court on Wednesday denied bail to Aam Aadmi Party leader Sanjay Singh in the money laundering case related to the alleged liquor policy scam.

Jusice Swarana Kanta Sharma observed that no ground for grant of bail to Singh was made out.

However, the court directed the trial court to expedite the trial once it commences so that rights of Singh as an accused are protected. This would be subject to the condition that neither the counsel for Singh nor the prosecution will seek unnecessary adjournments, the court added.

“It is, however, clarified that the observations made hereinabove qua the present case are solely for the purpose of deciding the instant application, and the same shall not be construed as opinion of this Court on the merits of the case, which will be adjudicated upon during the course of trial,” the court said.

It added that while public figures may wield influence or hold positions of authority, their legal rights and obligations are subject to the same standards and principles as those of any other individual in society.

“The principle of equality before the law is based on the notion that justice should be blind to factors such as fame, wealth, or social standing. At the same time, orders are not passed only at the asking of the State but through legal proceedings and outcomes are determined solely based on the merits of the case and the application of relevant laws, without favouritism or discrimination,” the court said.

It added: “Thus, prima facie, it is clear that the present applicant was part of preparation of the old excise policy and thereafter, the new excise policy was made to suit the co-accused(s) who were to pay kickbacks to the present applicant and co-accused(s) and the party concerned, from the profit so generated due to excise policy drafted to suit them and there are specific statements that Rs. 2 crores were paid to Sarvesh Mishra for Sh. Sanjay Singh at his official residence in lieu of the new excise policy made to suit them and generate profit for them, the role at this stage of the applicant cannot completely be ruled out.”

Singh was denied bail by city's Rouse Avenue Courts on December 22 last year. Special CBI Judge MK Nagpal had dismissed Singh's bail plea.

Singh was arrested by the Enforcement Directorate on October 04, 2023, after searches were conducted at his residence in the national capital. He is the third AAP leader to be arrested in the matter. He was sent to judicial custody on October 13 last year.

The raids were conducted by ED at Singh's residence after he was named by Dinesh Arora. ED has alleged that an employee of Dinesh Arora delivered Rs. 2 crores to Sanjay Singh's house on two occasions and the agency has to confront the AAP leader with digital evidence.

On October 24 last year, Justice Sharma had dismissed Singh's plea challenging his arrest and remand in the money laundering case. The court had said that ED cannot be expected to work as magicians and that it will take time to investigate a case and reach to the truth.

“Even if the investigating agency/ED is premier investigating agency, they cannot be expected to work as magicians and even if with the aid of technology and best investigative skills at their best are to be applied, it will still take time to investigate the case and try to reach the truth,” it had added.

Singh then moved the Supreme Court challenging his arrest. The said petition is pending adjudication before the Apex Court.

Counsel for Petitioner: Mr. Mohit Mathur, Sr. Advocate along with Mr. Rajat Bhardwaj, Mohd. Irshad, Mr. Harsh Gautam, Ms. Ankita M. Bhardwaj, Mr. Kanishk Raj and Mr. Kaustubh Khanna, Advocates

Counsel for Respondent: Mr. S.V. Raju, ASG along with Mr. Zoheb Hossain, Special counsel for ED along with Mr. Vivek Gurnani, Mr. Samrat Goswami, Mr. Kartik Sabharwal, Mr. Pranjal Tripathi, Ms. Madhumita, Ms. Sonali Sharma, Mr. Hitharth and Mr. Kanishk Maurya, Advocates

Title: Sanjay Singh v. ED

Citation: 2024 LiveLaw (Del) 146

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