The court added that Tuteja would be released on strict conditions, including the surrender of his passport and full cooperation with the court for all upcoming hearings.
New Delhi – The Supreme Court of India has granted bail to former IAS officer Anil Tuteja, who was arrested in connection with the alleged Rs. 2,000 crore liquor scam in Chhattisgarh. He was arrested on April 21, 2024, after the Enforcement Directorate (ED) filed a complaint against him under Section 44 of the Prevention of Money Laundering Act (PMLA).
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A bench of Justice Abhay S Oka and Justice Ujjal Bhuyan noted that there are more than 20 accused in the case and over 30 witnesses still need to be examined. Considering this, the court found it appropriate to grant bail to Tuteja.
During the hearing, the Supreme Court was informed that the Chhattisgarh High Court had earlier set aside the order of cognisance passed by a special court, stating that sanction under Section 197 of CrPC was not obtained before taking cognisance.
Section 197 of the Criminal Procedure Code protects public servants and judges from prosecution for actions done in their official capacity, unless the appropriate government grants prior sanction.
The Supreme Court noted:
“The order dated April 2, 2025 has not been challenged. As of today, there is no order taking cognisance. The appellant has undergone incarceration of about a year. There are more than 20 accused and more than 30 prosecution witnesses have been cited.”
The Supreme Court also mentioned that the maximum punishment in this case is up to seven years of imprisonment, and hence the principle laid down in the Senthil Balaji judgment is applicable.
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The bench further stated:
“The maximum sentence which can be imposed in this case is of imprisonment of seven years. Therefore the principle laid down by this court in Senthil Balaji judgment will apply. Moreover, in similar situation, this court by order dated February 12, 2025, has granted bail to a co-accused. The appellant is directed to be enlarged on bail.”
Since the court of the special judge is currently vacant, the top court directed the ED to produce Tuteja before the appropriate court for completing bail formalities.
“The appellant is directed to be enlarged on bail.”
The court added that Tuteja would be released on strict conditions, including the surrender of his passport and full cooperation with the court for all upcoming hearings.
Additional Solicitor General S V Raju, appearing on behalf of the ED, strongly opposed the bail plea, arguing that Tuteja was a senior bureaucrat involved in massive corruption.
He told the court:
“Tuteja was a senior bureaucrat indulged in rampant corruption and running a ‘well-oiled machinery’ of parallel sales of liquor.”
He also accused Tuteja of having links to the Nagrik Apurti Nigam scam, saying he has the capacity to influence witnesses.
On the other hand, senior advocate Mukul Rohatgi, appearing for Anil Tuteja, told the court that the cognisance order passed by the special court had already been set aside by the High Court.
“The order of cognisance passed by the special court was set aside.”
Earlier, on 8th April, the Supreme Court of India criticised the Enforcement Directorate (ED) for filing a writ petition under Article 32 of the Constitution.
The ED had approached the apex court to transfer the Nagarik Apurti Nigam (NAM) scam case from Chhattisgarh to New Delhi, claiming irregularities and political interference in the state investigation.
However, the Supreme Court questioned the maintainability of such a writ, stating that Article 32 is meant to protect the fundamental rights of citizens and is usually filed against government agencies, not by them.
The Court, in a light-hearted yet sharp remark, said: “If ED has fundamental rights, it should think about fundamental rights of people too.”
After facing questions from the bench, the ED chose to withdraw the petition. The Court then disposed of the matter as withdrawn, but not without reminding the ED of its role and responsibilities.
The Enforcement Directorate has alleged that the scam was run by a syndicate of high-ranking government officials, private individuals, and political leaders in Chhattisgarh, generating over Rs. 2,000 crore in illegal earnings between 2019 and 2022.
The case began based on a 2022 charge sheet filed by the Income Tax Department in a Delhi court.
According to the ED, officials were collecting bribes from distillers based on the number of liquor cases bought from Chhattisgarh State Marketing Corporation Limited (CSMCL). The ED said that country liquor was being sold off the books, and that distillers were allowed to form cartels and fix their market shares by paying bribes.
