ED gets Sanjay Singh custody, claims Rs 2 crore changed hands at his residence

ED had sought 10-day custody, alleging that Rs 2 crore illegal cash changed hands at Singh’s official North Avenue residence. Calling Singh a “key conspirator” in the case, the ED said in its remand application that he is “closely associated with a number of accused/suspects”, including businessmen Dinesh Arora  — who turned approver in the case on Tuesday — and Amit Arora.

“Sanjay Singh has exploited and has gained illegal money/kickbacks, which is Proceeds of Crime generated from the liquor policy (2021-22) scam… (he) has been part of the conspiracy of collecting kickbacks from the liquor groups… (he) has close relationship with Dinesh Arora since 2017 as revealed by Dinesh Arora as well as from his call records,” the ED application stated.

The ED also alleged that Rs 2 crore from Dinesh Arora was given to Singh’s associate Sarvesh Mishra at the MP’s house. Mishra’s house was raided by the ED in May.

In its order, the court said, “This bribe or kickback amount of Rs 2 crore received by the accused is alleged to have been as a part and in furtherance of criminal conspiracy of the scheduled offences case of CBI. It prima facie appears from the material placed before this court that this amount was delivered at the residence of this accused… and CDRs (call detail records) and cell location chart of the mobile phones of… employee of approver Dinesh Arora and of the… associate of accused are there to corroborate this claim… It is further alleged to be corroborated from different statements made by the approver Dinesh Arora as well as the statements of his… employee etc.”

The ED claimed in the application that its investigation had revealed that Singh had assured that changes in the liquor policy for 2020-21 to favour the businessmen would be made through Manish Sisodia, and in exchange of this, “an associate/team member of Sanjay Singh, Vivek Tyagi, was given stakes in the business concern of Amit Arora (M/s Aralias Hospitality Pvt Ltd)”. Tyagi is Singh’s Parliamentary Assistant. The ED, however, adds in its application that the change in policy “did not take place since the policy of 2020-21 didn’t come”, and work on the new policy of 2021-22 (which is under scanner) started.

Referring to these allegations, the court noted that the material placed shows “direct nexus with activities pertaining to proceeds of crime” by way of receiving Rs 2 crore. The judge said Singh’s “sustained and custodial interrogation appears to be necessary in relation to receipt of the amount… and to trace out the complete trail”.

Searches at Singh’s residence were conducted after he was named by Dinesh Arora in his statement to the ED.

The counsel appearing for the ED told the court that Arora delivered Rs 2 crore at Singh’s residence on two occasions. “Total 2 crore transaction is there in two tranches… Dinesh Arora’s CA confirmed this… Total 239 places searched,” the ED submitted.

The ED counsel, SPP N K Matta, said the agency needs Singh’s custody to confront him with all the digital evidence.

The court asked the ED if they had been aware of the transactions for a long time, and why the arrest was made now. To this, the agency said they recorded the statements recently. The judge also pointed out that the agency doesn’t need Singh’s custody to examine his phone for evidence, and they can extract all call detail records.

Singh’s counsel said the ED investigation “is nothing new” and is one of the “interesting cases where the investigation will go on and never end”.

Senior advocate Mohit Mathur, who appeared for Singh, said, “Dinesh Arora, the star witness, whose credibility is so incredible that he is accused in both cases and turns approver in both cases… Look into the changing statements of this Dinesh Arora and Amit Arora… suddenly you start taking names… Only to seek my own liberty, I start inculpating others… Procedure prescribes some safeguards.”

Mathur said Singh was never summoned or called for interrogation and that the ED wants to humiliate him by arresting him.

ED’s special counsel, Zoheb Hossain, said that Mathur’s argument about Dinesh Arora that his statement was taken as an inducement to grant him bail was wrong. He said, “The argument that Dinesh Arora gave the statements on inducement is completely baseless. They can’t dictate where they are arrested either. It is the sole discretion of the IO.”

Singh also personally addressed the court, saying, “I am not so unknown that Dinesh Arora did not remember my name while giving earlier statements. Amit Arora also did not remember my name. What happened suddenly that he gave all the statements against me? They are spreading lies and this investigation is baseless. If I am guilty, give me a harsh punishment. If I’m guilty, why wasn’t I called before? Why not summon? Why a different law for me.”