Delhi Excise Case: CBI Says Lower Court Conducted ‘Mini-Trial’, Moves HC

The Central Bureau of Investigation (CBI) has approached the Delhi High Court challenging the discharge of all 23 accused in the Delhi Excise Policy case, arguing that the trial court’s order was legally flawed.

In its appeal, the agency alleged that the Special Court conducted a “mini-trial” at the stage of framing charges instead of simply examining whether a prima facie case existed. The CBI claimed that the court went beyond its limited role at this stage and engaged in a detailed evaluation of evidence, which should ordinarily be done during the trial.

According to the plea, the trial court assessed different parts of the alleged conspiracy separately rather than considering the overall picture emerging from the investigation. The CBI argued that while individual actions attributed to the accused might not independently prove wrongdoing, taken together they revealed a broader conspiracy linked to the now-scrapped excise policy.

The agency further stated that the order contains “errors apparent on the face of the record” and failed to consider the prosecution’s case in its proper context. It contended that at the stage of charge, the material on record is to be treated as unchallenged and only a broad assessment is required to determine whether the case should proceed to trial.

The appeal also objects to the trial court’s remarks against the investigating agency and the Investigating Officer, calling them unwarranted. The court had earlier indicated it would recommend a departmental inquiry against certain CBI officials.

On February 27, Special Judge (PC Act) Jitender Singh of the Rouse Avenue Court discharged all 23 accused, holding that no prima facie case was made out. The court observed that the prosecution’s theory of conspiracy appeared to rest on conjecture rather than legally admissible evidence and raised concerns over reliance on an approver’s statement.

The case relates to allegations that the Delhi Excise Policy 2021–22 was designed to benefit select private licensees, resulting in alleged kickbacks and financial loss to the Delhi government.

The High Court is scheduled to hear the CBI’s appeal on March 9 before Justice Swarna Kanta Sharma. The outcome will determine whether the discharge order stands or the case proceeds to trial.

Also Read: Delhi Excise Policy Case: Court Raps CBI, Identifies Lapses in Probe