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Actions by companies named as accused or beneficiaries were legitimate, says court

In discharging former Delhi Chief Minister Arvind Kejriwal and 22 others in the corruption case linked to the alleged excise policy scam, a Delhi trial court said on Friday that private companies lawfully earning profits or securing commercial advantages within a policy framework cannot be criminalised unless the material discloses clear elements of fraud, bribery, or statutory breach. The court concluded that the actions by companies named as accused or “beneficiaries” in the case were either legitimate commercial transactions or permitted under the regulatory framework. The two key allegations made by the prosecution were that the company M/S Indospirits was structured to represent the “South Group” and used as a vehicle to recoup “upfront money”.

The court said that the policy could not have favoured the company since its own revenue could not have matched the threshold of the policy requirement. (Photo generated using AI)

The court said that the policy could not have favoured the company since its own revenue could not have matched the threshold of the policy requirement. (Photo generated using AI)

Credit: Indianexpress

Key Highlights

  • This, the CBI said, was done by inserting a wholesale margin of 12% (raised from 5%) and by enhancing the turnover eligibility criteria for grant of L-1 licence to Rs 500 crore every year for five years to eliminate competition and favour the group.
  • This money, the agency alleged, was used by the party to fund its 2022 Assembly election campaigns in Goa and Punjab.
  • The CBI had also alleged that 61% of its profits were illegally transferred to an accused, Hyderabad-based businessman Arun Ramchandra Pillai, as proceeds of crime.
  • However, the court said that the policy could not have favoured the company since its own revenue could not have matched the threshold of the policy requirement.
  • “The very entity alleged to be beneficiaries of the conspiracy, M/S Indospirit, were themselves confronted with difficulty in meeting the turnover requirement… If the prosecution theory is that the eligibility threshold was deliberately raised to eliminate competitors and secure advantage for conspirators, the fact that the alleged conspirators themselves faced disqualification on the very same turnover condition introduces a serious inconsistency.
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Sources

  1. Actions by companies named as accused or beneficiaries were legitimate, says court

This quick summary is automatically generated using AI based on reports from multiple news sources. The content has not been reviewed or verified by humans. For complete details, accuracy, and context, please refer to the original published articles.

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