SC grants Bail to Hyderabad Businessman in Money Laundering Case tied to Delhi Excise Policy Scam Today [Read Judgement]
SC granted bail to Hyderabad Businessman Abhishek Boinpally noting that other accused in the case was granted bail
Supreme Court – SC grants bail – Money Laundering Case – Delhi Excise Policy Scam – Abhishek Boinpally – taxscan
Supreme Court – SC grants bail – Money Laundering Case – Delhi Excise Policy Scam – Abhishek Boinpally – taxscan
The Supreme Court of India has granted bail to Hyderabad businessman Abhishek Boinpally in connection with the Delhi excise policy money laundering case. The bench comprising Justices MM Sundresh and Aravind Kumar ruled in favor of the Businessman stating that “We are inclined to grant him bail”
Abhishek Boinpally ( petitioner ), a 36-year-old businessman from Hyderabad, was arrested in October 2022 for his alleged involvement in the Delhi excise policy scam. He was accused of acting as a middleman, participating in secret meetings with other accused persons, and facilitating the illegal transfer of money between various parties to benefit private liquor traders under the 2021-22 excise policy.
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Abhishek Boinpally challenged the legality of his arrest under Section 19 of the Prevention of Money Laundering Act ( PMLA ) before the Delhi High Court on July 3, 2023. Boinpally's counsel argued that the Enforcement Directorate ( ED ) had not complied with the procedural safeguards required by Section 19 of the Prevention of Money Laundering Act ( PMLA ) when arresting him.
Section 19 of the Prevention of Money Laundering Act ( PMLA ) outlines the procedure for arrests in money laundering cases, granting authorized officials of the Enforcement Directorate ( ED ) the power to arrest individuals if there is sufficient evidence to reasonably suspect involvement in a punishable offense under the Act.
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Despite his petition, the Delhi High Court rejected his challenge in July 2023, which led him to approach the Supreme Court. The petitioner's counsel argued that prolonged incarceration, especially considering his health conditions was unjustified as other accused had been granted bail.
The counsel continued to argue that initially Boinpally was released on bail by a trial court in November 2022 in the CBI case, but he was subsequently arrested by the ED on money laundering charges. The counsel cited the recent bail order for former Delhi Deputy Chief Minister Manish Sisodia to argue for parity pointing out that the trial was still in its early stages.
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The court noted that the Enforcement Directorate did not oppose the bail plea during the hearing, which likely contributed to the decision. The Supreme Court granted him bail noting that all other accused in the case had already been granted bail and saw no reason to treat Boinpally differently. The court directed the petitioner to surrender his passport and not to leave Delhi except for a visit to his hometown ( Hyderabad ).
To Read the full text of the Order CLICK HERE
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