Excise policy case: Dhall was providing commission through credit notes, says CBI

A source said that their investigation has revealed that the implementation of the excise policy was manipulated to facilitate the monopolization and cartelization of the wholesale and retail liquor trade in Delhi by the accused persons from South India (South Group).

Sources in the CBI have alleged that liquor businessman Amandeep Dhall, the director of Brindco Sales Pvt Ltd, was in criminal conspiracy with the accused Vijay Nair and the South Group for generating cash towards payment of 6 percent commission out of the enhanced 12 percent profit margin.

A source said that their investigation has revealed that the implementation of the excise policy was manipulated to facilitate the monopolization and cartelization of the wholesale and retail liquor trade in Delhi by the accused persons from South India (South Group).

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It was also learnt that 6 percent out of the 12 percent windfall profit margin was provided to another accused Vijay Nair. Thus around Rs 90-Rs 100 crores were paid to Nair.

Out of this Rs 30 crores was paid through the hawala channel using Dinesh Arora, the approver in the case.

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In pursuance of this conspiracy, the accused persons from the South Group were given shares in the L-1 firm Indospirits and 65 percent profit amounting to Rs 29.29 crores was transferred to the accused persons of the South Group. The wholesale license was issued to Indospirits by the excise department despite pendency of complaints of cartelization and blacklisting against the partners of the said firm.

Also read | Excise policy case: Delhi court sends liquor trader to 3-day CBI custody

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Dhall was in close contact with the accused Nair since March 2021. Dhall was arranging meetings between Nair and officials of the biggest manufacturers like Pernord Ricard India Pvt. Ltd and DIAGEO (United Spirits Ltd.).

"Dhall also met Abhishek Boinpally, Butchibabu Gorantla and Arun R Pillai, all accused of South Group, at Gauri Apartment along with the accused Vijay Nair. Thus, aforesaid facts and circumstances, clearly revealed that the accused Dhall was in contact with South Group," the source said.

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Dhall was the distributor of DIAGEO in Delhi even prior to the implementation of the excise policy in Delhi for the year 2021-22.

Dinesh Arora who has turned approver told the CBI that during his meeting with Boinpally and Nair at Hotel Kohinoor in Hyderabad on 19 and 20 June 2021, it was decided that Boinpally would send around Rs 30 crores to the accused Nair through him. And this money would be recovered by extracting 6 percent commission out of the 12 percent profit margin of the wholesalers.

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"Arora also told the CBI that Dhall was likely to get the wholesale distributorship of DIAGEO for Delhi, one of the largest manufacturers of IMFL brand in India. Nair told Arora that he spoke to Dhall in this regard," the source said.

Arora also stated that Dhall was to provide this commission through credit notes and the responsibility for collecting these credit notes was given to him.

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"We also learnt that Dhall has given additional credit notes worth Rs 4.97 crores through Brindco Sales Private Limited, on his own, to different retailers without receiving the same from DIAGEO, Out of the same, additional credit notes worth Rs 2.58 crores have been given by Dhall to four companies of South Group, MIs Organomix Ecosystems Pvt. Ltd, Sri Avantika Contractors (I) Ltd, Trident Chemphar Ltd and Magunta Agro Farms Private Limited."

Boinpally used to negotiate for the credit notes on behalf of three retailers, Organomix Ecosystems Pvt. Ltd, Avantika Contractors Ltd and Trident Chemphar Ltd, whereas Raghav Magunta Reddy was negotiating for the credit notes on behalf of Magunta Agro Farms Private Limited.

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Also read | Excise policy case: Delhi court extends Sisodia's judicial custody by 2 weeks

"Credit notes worth Rs 34,55,912 have been given to ACE Finance Company, which was controlling 2 retail zones under the New Excise Policy 2021-22. On the direction of Nair, these additional credit notes have been given by Dhall. Additionally credit notes worth Rs 4.97 crores were given to ACE Finance Company through Brindco Sales Private Limited against which equivalent cash amount was transferred from ACE Finance Company to Boinpally through Arora," said the source.

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These facts were also confirmed to the CBI by Arora and Virat Mann, who used to look after the matter of credit notes of ACE Finance Company.

The CBI had on 19 August 2022, conducted searches at the house of Dhall which led to the recovery of certain incriminating documents related to the excise policy, copy of the tender document (which he got in advance) and copy of the confidential note of Delhi's former Deputy Chief Minister Manish Sisodia and another confidential note for the Council of Ministers.

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