The Supreme Court of India has granted bail to Benoy Babu, an executive of liquor giant Pernod Ricard, in a money laundering case connected with the Delhi excise policy scam. This decision comes after Babu’s prolonged pre-trial detention of 13 months, with the trial yet to commence.
A two-judge bench, headed by Justice Sanjiv Khanna and also comprising Justice SVN Bhatt, noted the contradictions between the allegations made by the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED) in the case. Justice Khanna, in the order, stated,
“An accused cannot be kept in pre-trial detention for such a long time and it is a fact that he is behind bars for 13 months and trial is yet to begin in the case. More accused still to be brought in. There seems to be contradictions between what CBI and ED are alleging. Let him be released on bail.”
The Delhi High Court had previously denied bail to Babu in July, leading to the appeal before the Supreme Court. The case originated from an FIR registered by the CBI, alleging that Delhi government officials had colluded to grant liquor licenses to certain traders in exchange for bribes. The central agencies claim that the excise policy was altered and profit margins changed to benefit specific traders, with kickbacks received in return.
Senior Advocate Harish Salve, representing Babu, argued that the case against his client was ‘completely bogus’ and highlighted that Babu, a regional manager, had no policy-making powers. Salve contended,
“Completely bogus case being run by ED, on the face of it. They [Babu and other accused] met after policy was uploaded.”
Opposing the bail, Additional Solicitor General (ASG) SV Raju, representing the ED, pressed for a similar order as in the case of Manish Sisodia, whose bail plea was recently rejected by the same bench. However, the bench refused to direct the same, given Babu’s long incarceration.
The Supreme Court’s decision to grant bail to Babu marks a significant development in the Delhi excise policy scam case, highlighting the judiciary’s stance on prolonged pre-trial detention and the need for timely commencement of trials. The case involves high-profile accused, including AAP leaders Manish Sisodia and Sanjay Singh, and has been a subject of intense scrutiny and debate.
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