Vijay Nair vs Directorate of Enforcement

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(SC) 728

HRISHIKESH ROY, S. V. N. BHATTI
Vijay Nair – Appellant
Versus
Directorate of Enforcement – Respondent

Advocates appeared:
For Petitioner(s): Mr. Abhishek Manu Singhvi, Sr. Adv. Ms. Rebecca M. John, Sr. Adv. Mr. Vikram Chaudhri, Sr. Adv. Mr. Rajat Bhardwaj, AOR Mohd. Irshad, Adv. Ms. Ankita M. Bhardwaj, Adv. Mr. Kaustubh Khanna, Adv. Mr. Rishi Sehgal, Adv. Mr. Pravir Singh, Adv. Mr. Arveen Sekhon, Adv. Ms. Muskaan Khurana, Adv. Mr. Saurav Kakroda, Adv.
For Respondent(s) Mr. Suryaprakash V. Raju, A.S.G. Mr. Zoheb Hussain, Adv. Mr. Annam Venkatesh, Adv. Mr. Arkaj Kumar, Adv. Mr. Vivek Gurnani, Adv. Ms. Abhipriya, Adv. Mr. Hitarth Raja, Adv. Mr. Vivek Gaurav, Adv. Ms. Shweta Desai, Adv. Mr. Arvind Kumar Sharma, AOR

ORDER

1. As the petitioner is in jail, delay stands condoned.

2. Heard Mr. Abhishek Manu Singhvi and Ms. Rebecca M. John, learned senior counsel appearing for the petitioner. Also heard Mr. Suryaprakash V. Raju, learned ASG appearing for the Directorate of Enforcement.

3. The present SLP challenges the order of the Delhi High Court rejecting Bail of Vijay Nair who is a co-accused in Delhi Excise policy scam. It is alleged that the petitioner acted as a middleman and was involved in irregularities in framing and implementing the Delhi Excise policy.

4. In support of the bail plea for the petitioner, it is submitted that the petitioner was arrested on 13.11.2022 and has now been in custody for about 22 months. It is then pointed out that since the charge is of money laundering under Sections 3 and 4 of the Prevention of Money Laundering Act, 2002 (for short, the “Act”), the maximum punishment in the event of conviction is 7 years and as such further detention will not be justified. The bail having been granted to the co-accused (Manish Sisodia and Kalvakuntla Kavitha) are also referred on behalf of the petitioner to claim bail on parity.

5. On the other hand, Mr. S.V. Raju, learned ASG wo

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