Delhi excise policy scam is worth over ₹1,100 crore, K Kavitha earned….: What ED said in court

The Enforcement Directorate on Monday submitted fresh details in the Delhi Excise Police case and claimed that the more than ₹1,100 crore was laundered. In supplementary prosecution complaint, the federal agency said that Bharat Rashtra Samithi (BRS) leader K Kavitha was involved in proceeds of crime (PoC) worth ₹292.8 crore.

The supplementary prosecution complaint was filed before Special Judge Kaveri Beweja, who on Monday extended Kavitha’s judicial custody till July 3.

The judge prolonged Kavitha's custody following her court appearance, which was in response to an earlier order that issued a production warrant for her. This warrant was issued after the court reviewed a charge sheet against the BRS leader on May 29. Additionally, the court granted bail to three co-accused individuals—Prince, Damodar, and Arvind Singh—who had been charged in the case but were not arrested during the ED's investigation.

“As per the investigation so far, the total proceeds of crime identified is ₹1,100 crore, out of which PoC of ₹292.8 crore is being dealt with in this Prosecution Complaint. Through activities of the accused persons i.e. Kavitha, Champreet Singh, Prince Kumar, Damodar Sharma and Arvind Singh, huge proceeds of crime have been generated,” the charge sheet alleged.

The charge sheet claimed that Kavitha was involved in PoC (money generated and laundered in crime) of ₹292.8 crore, out of which kickbacks of ₹100 crore were given to AAP leaders.

“Kavitha conspired with the members of the South Group and the AAP leaders through accused Vijay Nair (who was acting on behalf of the top leaders of the AAP) to pay kickbacks to the tune of ₹100 crore and receive undue benefits,” the documents claimed.

Kavitha, by paying kickback to the government functionaries through their middleman, has participated in the generation of PoC of ₹100 crore, the charge sheet claimed, adding that she then participated in the transfer of this PoC to the government functionaries.

The ED further claimed that Kavitha, by way of conspiracy and formation of IndoSpirits, a company accused in the case, has participated in the generation, acquisition and use of the PoC of ₹192.8 crore, which was derived as a result of the conspiracy of kickbacks and payment of kickbacks.

By showing IndoSpirits as a genuine business entity and acquiring the PoC of ₹192.8 crore, she is involved in projecting this PoC as genuine profit from a legitimate business, the ED alleged.

“By way of participating in the conspiracy of formation of IndoSpirits to recoup advance bribes of ₹100 crore paid, Kavitha is knowingly involved in the generation and transfer of PoC of ₹100 crore and the generation, acquisition, and possession of PoC ₹192.8 crore in the guise of profits generated by IndoSpirits during November 2021 to August 2022,” the ED alleged.

Kavitha also received the PoC of ₹5.5 crore from IndoSpirits in the name of her associate and co-accused in the case, Abhishek Boinpally, the federal agency said.

The report further accused Kavitha of destroying the digital evidence to conceal her role and involvement in the case.

“Kavitha has deleted evidence and contents of her mobile phone. She presented nine phones for examination, which were formatted and had no data. She was evasive and couldn't give any explanation for those formatted phones,” the ED alleged.

It further alleged that Kavitha was also involved in acts of influencing the witnesses.

The 46-year-old BRS leader is in judicial custody in the two cases lodged by the ED and the CBI in the alleged scam.

The "scam" pertains to alleged corruption and money laundering in the formulation and implementation of the Delhi government's excise policy for 2021-22 which was later scrapped.

The ED arrested Kavitha from her Banjara Hills residence in Hyderabad on March 15. The CBI arrested her from Tihar jail.