Excise case: CBI moves Delhi HC against bail to Vijay Nair, Boinpally

The Central Bureau of Investigation (CBI) has moved Delhi High Court challenging trial court's order granting bail to AAP communication strategist Vijay Nair and Hyderabad-based buisenessman Abhishek Boinpally in Delhi's Excise Policy case.

The Bench of Justice Yogesh Khanna is scheduled to hear the matter on Thursday.

The petition stated that the trial court judge has not only granted concession of bail to the respondent accused "in an extremely serious and wide ranging economic offence" but this discretion has been exercised at a very crucial stage of investigation.

Investigation agency submitted that the seven tests prescribed by the Supreme Court to test any discretionary order dealing with a bail have not been complied with in the present case.

It also submitted that the case is of a "conspiracy sought to be carried out in an extremely convoluted manner" with a clear purpose of making an attempt that the investigation, if any, does not reach the real culprits.

It further stated that the petitioner agency was asked to inquire into a report submitted by Chief Secretary of the NCT of Delhi by letter dated July 22, 2022.

During the course of awaiting Section 17-A permission, certain other information was received by the petitioner agency.

The petition said the agency commenced investigation and unearthed the conspiracy "led by the applicant who was collecting money from private liquor wholesalers in lieu of getting favourable changes made in the Excise Policy of 2021".

It said during the course of hearing of the present bail application, the petitioner had shown its case diary to the trial court judge "which shows a far more graver offence". It said the "stage and interest of investigation which would be adversely affected by release of respondent on bail".

Aam Aadmi Party (AAP) communications in-charge Vijay Nair and Hyderabad-based businessman Abhishek Boinpally were granted bail by the Rouse Avenue court in a Delhi excise policy case on November 14, 2022.

However, Nair and Boinpally were not released from the Tihar as the Enforcement Directorate has taken them into granted custody in the same case of alleged money laundering.