The Enforcement Directorate (ED) informed a Delhi court on Wednesday that it has found fresh evidence indicating former Delhi Deputy Chief Manish Sisodia's involvement in the alleged excise scam, and the investigation is at a crucial stage.
The agency also sought time to argue on the bail application of the AAP leader.
Special Judge M.K. Nagpal adjourned the argument on the application until April 12 while extending the judicial custody of Sisodia till April 17 in connection with the excise policy case being probed by the ED.
Appearing for the ED, Special Public Prosecutor Zoheb Hussain argued that they need time to present the evidence and requested the court to grant this
"The agency is in process of gathering fresh evidence that has come to light for which we need time," said Hussain.
Also read | Delhi court extends Manish Sisodia's judicial custody, to hear bail plea on April 12
Advocate Vivek Jain, represented Sisodia, told the court that the ED lacks evidence to support the accusation that his client was involved in money laundering.
Jain argued that the investigation has been thorough, including a raid on his home, but nothing incriminating has been found.
"Furthermore, the excise policy was authorised by several relevant authorities, including the Lieutenant Governor, and it is unfair to place the blame solely on Sisodia," counsel said.
Sisodia's counsel also emphasised that the ED does not have jurisdiction over this investigation.
Jain further argued that the ED cannot make unfounded allegations that he will interfere with evidence if he is released on bail.
He added that during the time when he held the Excise portfolio, the agency never accused him of trying to influence or intimidate witnesses.
"Now he (Sisodia) is currently not holding any portfolio," said the lawyer.
On March 21, Sisodia moved a plea seeking bail plea in ED's case.
After the CBI arrested the AAP leader on February 26, the ED also arrested him in the same case on March 9.
The probe agency had earlier claimed that within a span of one year, 14 phones have been destroyed and changed, and that Sisodia has been evasive from the start.
Excise policy scam: Sisodia moves Delhi HC for bail in CBI case, hearing on Thursday
AAP leader and former Delhi Deputy Chief Minister Manish Sisodia on Wednesday moved the Delhi High Court seeking bail in the now-scrapped excise policy case being probed by the Central Bureau of Investigation (CBI).
His bail plea is listed for hearing before Justice Dinesh Kumar Sharma on Thursday.
On March 31, a Delhi court had dismissed his bail plea.
CBI Judge M.K. Nagpal of the Rouse Avenue Courts had, on Monday, extended former his judicial custody until April 17.
The central probe agency had sought the extension of Sisodia's custody as the investigation is at a crucial stage.
While denying him bail, Judge Nagpal had said that Sisodia can, prima facie, be held to be the "architect of the criminal conspiracy".
He observed that the payment of advance kickbacks of around Rs 90-100 crore was meant for him and his other colleagues in the AAP government.
"The payment of advance kickbacks of around Rs 90-100 crore was meant for him and his other colleagues in the GNCTD and Rs 20-30 crore out of the above are found to have been routed through the co-accused Vijay Nair, Abhishek Boinpally and approver Dinesh Arora and in turn, certain provisions of the excise policy were permitted to be tweaked and manipulated by the applicant to protect and preserve the interests of South liquor lobby and to ensure repayment of the kickbacks to the said lobby," the court held.
The court is not inclined to release Sisodia on bail at this stage of investigation as his release may adversely affect the ongoing investigation and will also seriously hamper the progress, the order stated.
Also read | Excise policy scam: Sisodia's judicial custody extended till April 17
It said that the evidence collected by the probe agency so far shows that the applicant through the co-accused Vijay Nair was in contact with the 'South lobby' and formulation of a favourable policy for them was being ensured at every cost and a cartel was permitted to be formed to achieve monopoly in sale of certain liquor brands of favoured manufacturers and it was permitted to be done against very objectives of the policy.
"Thus, as per allegations made by prosecution and the evidence collected in support thereof so far, the applicant can prima facie be held to be architect of the said criminal conspiracy," the court said.
It held that the allegations made against Sisodia are "serious in nature" and he does not deserve to be released on bail as he was arrested in the CBI case only on February 26 and that the investigation qua his role has still not been completed.
