The Delhi liquor Scam
INTRODUCTION
As recently on 14/12/2023 where supreme court dismissed petition filed by the Former Deputy Chief Minister Manish Sisodiya for seeking review of its Judgement for refusing to grant bail.As he was behind the bar from back month of February due to corruption in formation and implementation of the new policy of liquor in Delhi for year 2021-2022.
Even in May last year Another leader of APP Satyendar Jain was arrested and also The Chief Minister of Delhi was given summon to appear in the court were court were Chief Minister Dismissed the summon and recently on 21 December The Chief Minister of Delhi give a reply to the summon were he denied all the allegations and state that all are politically Motivated and are illegal.
Liquor in India
As Consumption of Alcohol in India is from long back at present 3rd largest beverst in the world is India.During Recent years there is an unprecedent Growth in liquor.As liquor in India are been Categorised in four types:
Beer
Wine
Indian Made foreign liquor
Country liquor
The consumption of Alcohol has been Grown from the last three decades as for approximate in year 2021 the Growth was 5.34%, in year 2022 the Growth was 5.63%,in year 2023 the Growth is estimated 5.91 and estimated growth for the upcoming year is around 6.21%were maximum or the highest liquor consumption is from Country liquor which is around 48%,Indian Made foreign liquor 36%,Beer around 13% and wine 3%.
According to the survey of National Family Survey (NFHS) the consumption of Alcohol is highest in rural area than urban were the highest revenue earner in the Financial year of 2022 was Uttar Pradesh, Karnataka, Maharashtra.
Delhi liquor new Policy
As the AAP Government initatied for the Amendment of the Old Liquor policy to new liquor policy by stating that after the implementation of the new Liquor policy the liquor Mafia bill be reduced,Increase in revenue and make Corruption free.The time line of implementation the new Liquor policy :
On 4/09/2023 A new policy was implemented by the expert committee
On 13/10/2023 was open to the public domain for the suggestions & for the expert committee.
On 5/02/2021 the report was placed before the Delhi Cabinet were Cabinet decide Group of Minsters which includes Deputy Chief Minister, Revenue Minister and Health Minister to examine the policy
On 22/03/2021 the Group of Minsters suggest their opinion to the expert Committee and after the approval from the Delhi cabinet report was send to Lt.Governor For the approval.
Were Lt.Governor suggested six opinions and Advised the Government to look & to modify.
On 21/05/2022 & 23/06/2023 there were meeting taken place by the cabinet for the discussion and approval of the opinion given by the Lt.Governor and was approved
On 5/11/3021 Finally the report for the new Liquor policy was approved by the Delhi Cabinet
On 17/11/2021 came into force and there was implimentation of the New liquor policy.
Changes in the old policy and new policy policy
As the Main reason for the Government of APP to impliment a new policy was to demolish the corruption and make the Revenue strong For which changes were made as earlier there were liquor stores were 475 liquor stores which was ran by Four Governments and 389 by private individuals but from the new policy 849 liquor stores will be ran by the private stores.As per the introduction of private stores Delhi was Divided into 32 zones and total of 27 private vendor were allowed to open .Then another change was Reducing the Age for consuming the liquor from 25 to 21.There will be discount on the MRP price and the store will be open till 3 am. As this will increase the revenue and stamp out the liquor Mafias who used to sell it in black market.
THE CONTROVERSY
As after the implementation of the new Liquor policy On 8/07/2022 The Delhi Chief Secratary found that the new Liquor policy is not proper and irregular were he sent the report to the Lt.Governor that there are Gross and Deliberate procedures & undue benifits been provided to the Liquor licencee.As the new Liquor policy is breaches Government of National Capital Territory of Delhi Act 1991 ,The Transaction of Business Rulea 1993, The Delhi Excise Act 2009 & Delhi excise Rules 2010.
As then On 22/07/2022 The Lt.Governor recommended a CBI Probe after the report of the Chief Secratary.But fews days later on 29/07/2022 The Former Deputy Chief Minister scrapped the new Liquor policy with
Reverting back to the old policy and withdraw the new Liquor policy.
Law Involved/ Legal Provisions
As Central Bureau of Investigation (CBI) registered Case against the AAP leader who was a Former Deputy Chief Minister Manish Sisodiya Under section 7,7A,8 and 12 of The Prevention Of Corruption Act,1988 (PC ACT)
Then Under section 120B,201 and 420 of INDIA PENAL CODE 1860 (IPC) and Under section of 3 and 4 of the PREVENTION OF MONEY LAUNDERING ACT,2002 (PMLA ACT) were
Sec 7 of PC Act state A Public Servent shall accept any gratification other than lawful remuneration for an official Act.
Sec 7A of PC Act state Taking undue Advantage to influence public servent by corrupt or illegal means or by exercise of personal influence.
Sec 8 of PC Act state offence related to bribing of a Public Servant
Sec 12 of PC Act state Prosecution of a public servant for abetting the offense is an exception the section 19 rule and does not require government sanction before the Prosecution.
Sec 120B of IPC state Punishment of Criminal Conspiracy
Sec 201 of IPC state causing disappearance of evidence of offenc or giving false information to screen offender
Sec 420 of IPC state Cheating and dishonesty inducing delivery of Property
Sec 3 and 4 of PMLA Act state Offence of money laundering
The Present scenario of the Delhi liquor case
As the Lt.Government based on the report given by the Delhi chief Secretary probe CBI and suggest and enquiry to look into the breaches of the rules and the irregularities.Were CBI Filed a case against The former Deputy Chief minister for the fraud and Bribery which also includes other people from the Government of AAP involvement in same and even ED accused the APP Leader .Then On 23/02/2023 CBI arrested the Former Deputy Chief Minister for fraud & Bribery and Then By the ED in the Money Laundering.Were Former Deputy Chief Minister sought bail from the Delhi High court which was Denied by the Court in the case of CBI on 30/05/2023 Then he went to file plea against the order passed by the Delhi High court in the Supreme Court were Supreme court also Dismissed the appeal on 30/10/2023.Then again On 14/12/2023 The bail was dismissed by The Supreme court.
Eventually one more AAP leader Sanjay Singh was arrested by the Anti- Money Laundering Agency i.e ED on 4/10/2023 as ED state that Sanjay Singh has played an important role in implementation of the new Liquor policy were he also file a Plea for the Bail which was also denied by The Delhi High court and adjourned the date in 22/12/2023
The Twist and turn was were the Delhi Chief Minister was summoned by the ED in the Delhi excise new policy.Wereas again second summon were sent to the Chief Minister were on December 22/12/2023 were Chief Minister asked ED to withdraw back the notice against & refused to come for the interrogation and State that summon is illegal and this are politically Motivated and asked not to Summon again.
CONCLUSION
As India is the 3rd largest beverst in the world were The highest Revenu earner of the state are Uttar Pradesh, Karnataka Maharashtra The Delhi Government wanted to increase the Delhi Liquor revenue implemented a new Liquor policy in 2021-2022 but was scrapped by the former Deputy Chief Minister last year in the month of July. As In February 23,2023 were the Former Deputy Chief minister was arrested by the CBI and ED for the Fraud,Bribery and Money Laundering were still now he has not got bail and on 14/12/2023 the bail plea was dismissed by the supreme court and the next hearing date directed by the court is on 10th January,2024.
PRIME LEGAL is a full-service law firm that has won a National Award and has more than 20 years of experience in an array of sectors and practice areas. Prime legal fall into a category of best law firm, best lawyer, best family lawyer, best divorce lawyer, best divorce law firm, best criminal lawyer, best criminal law firm, best consumer lawyer, best civil lawyer.”
Written by- Prachee
Refrence:
1)https://www.indiatoday.in
2)https://www.scconline.com
3)https://www.livemint.com