Key Points
New Delhi: The Supreme Court judgment dismissing former Delhi government minister and Aam Aadmi Party (AAP) leader Manish Sisodias bail petition in the alleged liquor scam case has raised doubts over charges levelled against him by the Directorate of Enforcement (ED), which is probing the money-laundering angle in the case...
A bench led by Justice Sanjiv Khanna Monday pronounced its decision on Sisodias bail petition filed in connection with both the Central Bureau of Investigation (CBI) case under the Prevention of Corruption Act (PCA) as well as the ED case under the Prevention of Money Laundering Act (PMLA)...
Though the bench did not delve in depth and detail into some legal questions arising in the matter, it did observe that there is material and evidence to tentatively support that 14 wholesale liquor distributors had earned excess profit of Rs 338 crore in a period of about 10 months, during which the new excise policy was in operation...
Defining possession of proceeds of crime . The ED had relied on an earlier SC verdict in the Mohan Lal vs State of Rajasthan case, which held that the expression possession consists of two elements: First, it refers to the corpus or the physical control and the second, it refers to the animus or intent which has reference to exercise of the said control...
This, according to the agency, the court observed, would constitute proceeds of crime and were acquired, used and were in possession of the wholesale distributors who have unlawfully benefitted from illegal gain at the expense of the government exchequer and the consumers/buyers...
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