The Enforcement Directorate logo. File
| Photo Credit: PTI
A special court on Thursday took cognisance of the second charge-sheet filed by the Enforcement Directorate (ED) against 17 accused in the money-laundering case related to the alleged irregularities in the implementation of the now-scrapped Delhi Excise Policy 2021-22 under Delhi Deputy Chief Minister Manish Sisodia and others.
The agency has alleged that a part of the “kickback” was used for the Aam Aadmi Party’s (AAP) poll campaign ahead of the Goa Assembly election in 2022. Cash payments amounting to ₹70 lakh were made to volunteers who were part of survey teams. The fund transfers were managed via “hawala” channels, according to the charge-sheet.
The court has directed the accused persons/entities to be present physically during the next hearing scheduled for February 23. Taking cognisance, Special Judge M.K. Nagpal said the evidence put forth by the ED was sufficient to proceed further.
Among those arraigned in the latest charge-sheet are Sameer Mahandru, Khao Gali Restaurants, Bubbly Beverages, Indo Spirits, Indospirit Distribution, then AAP communication in-charge Vijay Nair, P. Sarath Chandra Reddy, Trident Chemphar, Sri Avantika Contractors, Organomix Ecosystems, Benoy Babu, Pernod Ricard India, Abhishek Boinpally, Amit Arora, KSJM Spirits LLP, Buddy Retail, and Popular Spirits. Mr. Sisodia is not listed as an accused.
The agency has alleged that Mr. Nair — on behalf of the AAP leaders — received ₹100 crore as kickback in advance from a group whose prominent persons were Magunta Srinivasulu Reddy, Raghav Magunta, Mr. Sarath and K. Kavitha. For the recovery of payments, the group partners were given 65% stakes in Mr. Mahandru’s Indo Spirits. The group controlled the stakes through “false representation, concealment of true ownership and proxies”.
In his statement to the ED, as mentioned in the charge-sheet, Mr. Mahandru said that Mr. Nair was an important person in the AAP and was managing the excise policy issues in Delhi. He told Mr. Mahandru that “the new excise policy was a brainchild of Arvind Kejriwal”.
“To verify the credibility, clout and influence” of Mr. Nair, Mr. Mahandru sought a meeting with Mr. Kejriwal through him. As per the statement of the accused, Mr. Nair fixed a meeting twice, but it did not materialise. “So, Vijay [Nair] made Sameer [Mahandru] speak to Arvind Kejriwal on facetime call,” said the purported statement.
The ED probe is based on a Central Bureau of Investigation (CBI) case against Mr. Sisodia and others. It has alleged that the excise policy was created by the top leaders of the AAP to continuously generate and channel illegal funds to themselves. The policy allegedly promoted cartel formations and awarded exorbitant wholesale profit margin of 12% and retail profit margin of 185%.
In November 2022, the CBI had filed a chargehseet against Mr. Mahandru, Mr. Nair, Mr. Boinpally, India Ahead News’ Gautam Mootha, Arun Pillai and two excise department officials. Alleging a conspiracy between Mr. Nair, his “close associate” Dinesh Arora, Mr. Boinpally and others, the CBI submitted that Rs.20-30 crore was paid via “hawala” during July-September 2021.
The money was to be returned in the form of stakes in Indo Spirit and extra credit notes to the retail zones managed by Mr. Boinpally from Brindco. As alleged, the wholesale distribution of Pernod Ricard and Diageo was to go to Indo Spirits and Brindco, respectively. Following recovery of the advance payment, the 6% “kickbacks” received from wholesalers was to be shared in half between Mr. Nair and Mr. Boinpally.
The agency alleged that a part of the profits accrued from Indo Spirits was transferred to Mr. Pillai. Besides, ₹1.70 crore from the Indo Spirits profits directly reached India Ahead and Andhra Prabha Publications, in which Mr. Boinpally had alleged investment and interest.
Based on its findings, the ED has also accused the Excise Department officials concerned of burying the complaints against Indo Spirits, Khao Gali, and its promoter, Mr. Mahandru — alleging cartelisation and Earnest Money Deposit cross-funding.
