Kumar Bahukhandi
The High Court opined that the UP police’s FIR in the matter would still survive, even if a related July 2023 money laundering case lodged by the ED was recently quashed by the Supreme Court.
The Allahabad High Court recently refused to quash criminal proceedings initiated in Uttar Pradesh against former Chhattisgarh bureaucrat Anil Tuteja, Anwar Dhebar (brother of Raipur’s mayor) and two others in connection with the Chhattisgarh liquor scam case
A division bench of Justice Siddharth Verma and Justice Ram Manohar Narayan Mishra gave this decision, which is being seen as a major legal defeat for Tuteja and his associates.
Let us inform you that Supreme Court had already dismissed the money laundering case filed by the Enforcement Directorate (ED) related to this scam, despite this, the High Court has ordered to continue the criminal proceedings going on in Uttar Pradesh. The court held that the statements of witnesses recorded under Section 50 of the Prevention of Money Laundering Act (PMLA), which were shared with the Uttar Pradesh Police, could be a valid basis for furthering the process of investigation and prosecution.
The court said in its decision, “The argument that statements recorded under Section 50 of PMLA can never form the basis for a criminal investigation cannot be accepted.” The court also clarified that although these statements cannot be considered as admissible evidence in court, they can still be used in the direction of investigation. In fact, in this case, Anil Tuteja, Anwar Dhebar, Arun Pati Tripathi and Niranjan Das are accused of operating a liquor syndicate worth Rs 2,200 crore, which was active in Chhattisgarh during the tenure of Chief Minister Bhupesh Baghel. The scam involved huge irregularities in the tender process, especially in cases related to a Noida-based company that supplied holograms to the Chhattisgarh Excise Department.
These holograms were crucial for tracking the excise duty levied on liquor bottles. Senior advocate Siddharth Dave, representing Anil Tuteja, argued in the court that the criminal case should also be quashed after the Supreme Court dismissed the ED’s prosecution complaint. However, Additional Solicitor General PK Giri, appearing for the Uttar Pradesh government, successfully argued that the FIR lodged in Uttar Pradesh reflects cognizable offences under sections 420 (cheating), 468 (forgery), 471 (using forged documents), and 120-B (criminal conspiracy) of the Indian Penal Code. The court held that the allegations against the petitioners are serious and there are sufficient grounds to continue the investigation. With this decision, the legal process against all the accused, including Anwar Dhebar, will continue in Uttar Pradesh.
