PRAYER In light of the facts and circumstances of the instant case, this Hon'ble Court may be pleased to: a) Grant Custody of accused Mr. Anwar Dhebarto En Directorate, Raipur Zone for 14 days for interrogation, investigation, thereby to unearth further evidences. forcement b) Pass such other further orders as the Hon’ble Court may deem fit and proper in the interest of justice. ee ebes et ean Date : 66.05.2023 (rHANDI ASSISTANT DIRECTOR (De. Saurabh Scomar Pane'ey} ef tear ge oe ea ssisizoogse gests ae eck tere 2 TOT eee) Page |12 Scanned with CamScannerDhebar is necessary to unearth these proceeds of crime which arc parked abroad, 10. Mr. Anwar Dhebar is brother of Mayor of Raipur and is suspected to be very close to various politicians and is an influential person in the society. It is very much possible that by using his power and clout, he will ty to influence the witnesses and alter the documents in records. It is highly likely that in case he is let off; he will try to tamper the evidence and further obfuscate the real utilization of proceeds of crime generated by way of criminal activities. It is highly likely that he may try to dispose off properties generated out of proceeds of crime or may create genuine third-party interest on the assets, to prevent their attachment. 11M, Anwar Dhebar has thus knowingly and willingly assisted in mn of proceeds of crime and himself has also enjoyed the acquisitio iment, layering and proceeds of crime and is involved in their concea 1d has thus committed the offence of use of the proceeds of erime ant 3 of PMLA, 2002 money laundering as defined under sectin punishable under section 4 of PMLA, 2002. 12.1n view of the above, the Directorate seeks remand of accused Mr. Anwar Dhebar for the fo swing reasons: i. Questioning the accused with respect to tracing the proceeds of crime generated by the syndieate. ‘The accused Mr. Anwar Dhebar is required to be confronted with various WhatsApp chats, documents seized during the search, information/ inputs obtained from various sources and ‘with the information provided by other co-conspirators involved in the present case. iii, To confront the accused with various other persons involved in running the affairs of the syndicate ‘That accused Mr, Anwar Dhebar has been arrested on 06.05.2023 at ) 03.15 AM and is being produced before this Hon'ble court by the Directorate of Enforcement, Raipur Zonal Office, Raipur, Chhattisgarh for seeking remand of 14 days for the investigation Page [32 Scanned with CamScannerLarge number of Excise Officials from Excise Commissioner down to district level excise officers. + Glass Bottle Makers * Hologram Makers ‘+ Man-power suppliers, + Shop Keepers ‘+ Shop Guards and Cash Collection Agents + Associates of Anwar Dhebar. + Family members of Anwar Dhebar & others. From the investigation done till date, it is clear that massive corruption has occurred in the Excise Department of Chhattisgarh since 2019, Exeise Departments were historically set up to regulate the supply of liquor, ensure quality liquor to users to prevent hoch tragedies and to carn revenue for the State, But the criminal syndicate led by Mr Anwar Dhebar has turned upside down all these objectives. They have systematically altered Liquor Policy as per their whims and fancies and extorted maximum personal benefit for themselves, 4, ED investigation has so far revealed that: - ‘a. That the excise pol in the year 2017 and CSMCL (in Feb, 201 7}was the responsibility to retail Liquor in Uwe state of Chha ‘The CSMCL was in the state of Chvettisgarh was amended thus created with gar the with the blished through its stores vision to: ‘+ To provide genuine liquor. + To stop sale of illegal Liquor. + To provide liquor on MRP. It established its own stores to retail the liquor/beer/wine/country liquor after procuring country liquor from manufacturers directly and IMFL from another state PSU cSBCL. b. With the advent of new policy in the state, CSMCL was incorporated and it established its own stores to retail the liquor /beer/wine/country liquor after procuring country liquor direetly from manufseturers and IMFL was procured from suppliers and stored in warchouses of another state PSU CSBCL. The shops were supposed to be run by outsourced staff and cash collection was to be done by private vendors/Bank representatives, Page | 4 Scanned with CamScannerc. Though started with a noble object government led to change of management of CSMCL and it became the tool in the hands of the syndicate which used it to enforce a parallel excise department. The syndicate comprises of senior bureattcrats of state, politicians and officals of excise department. In Feb, 2019, Mr Arunpati Tripathi (ITS Officer) was chosen to lead the organization and Later, in May, 2019, he was made the Managing Director of the organization at the behest of Mr Anwar Dhebar. ‘That as part of the conspiracy, Mr Arunpati Tripathi was then assigned with the task to maximize the bribe commission collected on liquor procured by M/s CSMCL, and to make necessary arrangement for sale of non-duty paid liquor in the CSMCL run shops. Mr Arunpati Tripathi was supported by Mr ‘Anwar Dhebar, & Senior IAS Officers in this operation. In furtherance of his plans, Mr. Anwar Dhebar gave the task of cash collection to Mr Vikas Agarwal@Subbu and the logistics were set to be responsibility of Mr. Arvind Singh. Thus, the syndicate took fe, a change in the state the shape. ‘That the syndicate in furtherance of their plan gave the manpower supply contract to M/s Sumect Facilities Ltd which of Anwar Dhebat). was associated with Vikas Agarwal (Assé ‘The contract to supply the holograms wae also awarded to M/s Prizm Holography & Films Securities Pvt Lid which wns associated with Arunpati Tripathi and which readily agreed to free supply of duplicate holograms to the syndicate. T he contract for cash collection was also awarded to M/s Tops Securities of M/s Siddhartha Singhania, another elose associate lof Mr Vikas Agarwal (Associate of Anwar Dhebar). The awarding of contracts to willing partner ensured a stronghold of the syndicate on the system on all the wings of liquor business, namley: = Liquor Manufacturers (a monopoly cartel of 3 Di ~ Hologram Company = State run shops and the manpower company Bottle makers = Cash collection agency The setting up of CSMCL and deputing a compliant MD were the first step in institutionalizing PART-A bribe commission. As part of arrangement, CSMCL would only procure liquor from preferred manufacturers while sidelining the ones not paying commission. ‘The collection of part-A commission was thus assured. ED Page |S Scanned with CamScannerinvestigation has established that that in order to decide the Quantum of commission on sale of country liquor, # meeting was called by Anwar Dhebar in March, 2019 which was attended by Promoter/director of the Country liquor manufacturers viz M/s Chhattisgarh Distilleries Limited, M/s Bhatia Wines Merchants Private Limited and M/s Welcome Distilleries Private Limited along with MD Arunpati Tripathi wherein the distillers were demanded to pay Rs 75 per case commission against its Procurement by M/s CSMCL and in return Mr Anwar Dhebar promised to raise their landing rates proportionately. This system was agreed upon and the Syndicate started collecting huge amount of Commission on the Sale of accounted Liquor Cases, Each Liquor case was purchased by MD CSMCL only, hence, all the data was always available and til the commission was not paid, the dues of the distillers were not cleared. As per the statements given to ED, majority of the collected amount was given to Anwar Dhebar and he shared majority of it with a Political Party. Also, this commission was paid by the Distillers from the enhanced landing rate received by them. This was a pre- planned agreement. Hence, in a way the entire commission of PART-A has been sponsored by the Chhattisgarh State Exchequer only. In terms of unaccounted kacha PART-B Liquor, a more si scheme was made :o manufacture and sell unaccounted liquor. The very purpose of a corporation is to ensure sale of accounted and quality-controlled liquor from State run shops Idea is to ensure that there are no hooch tragedies and safety of citizens is there. But this syndicate turned the entire scheme on its head, when as part of conspiracy and with the involvement of the Country Liquor suppliers, they decided to sell unaccounted country liquor. It was a travesty and irony that this unaccounted liquor was sold from State run shops. Duplicate holograms were provided, Duplicate bottles were procured in cash, Liquor was transported directly from distiller to shops by-passing State warchouses, Excise officials were involved, Man power was trained to sell unaccounted liquor. Entire sale was done in cash, No income tax, no excise duty, etc were paid. Poor consumer was the only one who was unaware that he was buying unaccounted liquor. The entire sale was off the books. Entire sale consideration Page |5 Scanned with CamScannerwas siphoned off with each person getting its share including - Distiller, Transporter, Hologram maker, Bottle maker, Excise official, higher echelons of Excise Dept, Anwar Dhebar, Senior IAS Officer(s) and Politicians, BD investigation has revealed that in the years 2019.2020-2021.2022, this kind of illegal sale was almost 30-40% of the total sale of the liquor in the State. For this purpose, the transportation of liquor from distillers to shops and supply of duplicate holograms to distillers was looked after by Mr. Arvind Singh. Monthly targets were set by Mr. Anwar Dhebar who used to communicate them either directly to MD CSMCL or through Arvind Singh. Then senior Excise officials used to coordinate with ~ Distillers , Hologram Makers , Bottle Makers, Transporters & Local Excise Officials to ensure that the entire system ran flawlessly and no one poked their nose in this illegal state ran racket. The target of kacha liquor sale was exible and, on an average, around 200 trucks carrying 800 eases of country liquor per month were supplied by the distillers to the syndicate during F-Y. 2019-20. This number of Pari-B trucks rose to around 400 trucks per month in 2022-2: ‘That during F-Y. 2019-20, the price of majority of part-B liquor was supplied at the rate of Rs S60 per case by the distillers whereas the MRP of the ease was Rs 2880, The price then went Lup to Rs 3880 in subsequent years. The entire sale consideration was shared between all the members of the criminal syndicate without even 1 paisa going to State Exchequre. After paying the distillers and local excise officers, Mr Anwar Dhebar took the maximum remaining amount and after after deducting share of 15 % meant for himself and Anil Tuteja IAS, he used to supply ‘the remaining to Politicians as per the directions from the highest, Political Executives of the State. ‘As regards collection of funds in respect of IMFL & FL, it was dificult to extract cash bribes for foreign liquor makers. Also, there was strong demand for good quality foreign brands. Hence, in April 2020, the syndicate introduced a 4th type of mechanism to extort bribe from FL makers also by introducing the concept of, FLIOA licenses. These licenses were again given to 3 chosen associates of Anwar Dhebar. These license holders were to act as the ‘collectors’ of intermediary and buy Foreign Liquor and then sell to Chhattisgarh government warehouses and generated commission of around 10% on even Foreign Liquor. Page 17 Scanned with CamScanner1. That the syndicate thus, completely hijacked the administration of excise department in state by virtue of following actions:~ ~ Placement of Arunpati Tripathi at the head of M/s CSMCL and Special Secretary in State Excise Department. ~ Willing alignment of major Chhatisgarh based distilleries Granting of manpower tender to M/s Sumeet Facilities Ltd for certain regions. This ensured compliant office staf at shops. = Granting of cash collection tender to M/s Top Securities and Facilities Management of Mr Siddhartha Singhania which played a erucial role in handling of part-B cash. = Introduction of FI-10A to collect Part-A commission from multi-national companies as well. = Setting up of bottle manufacturers in the name of close associates of Anwar Dhebar viz. Arvind Singh. For eg. wife of Arvind Singh is the proprietor of Adip Empire is the official supplier of glass bottles to M/s Welcome Dhebar apart from liquor (Part) and 5. ED investigation has revealed that Mr Anw: collecting commission on sale of accoun Sale of Unaccounted kacha illegal liquor (Vert) also charged quid pro quo bribes from main distillers so that they can form a cartel and divide the entire market share among themselves. ‘This was known as PART C carnings. This was an annual commission which va5 paid by the main distillers for getting distillery license and getting fixed share in the market purchase of CSMCL. Kedia Group got 52%% share, Bhatia Group got 30% and Welcome Group got 18% share, They paid bribe per %age of market share allotted to them. Procurement was done strictly in this ratio by esMcL 6. ED investigation has established that more than Rs 2000 Crore of corruption money has been generated by this syndicate ype af | Approximave Amount collected, Corruption PART-A | Ra, 680 Crore fpprox) FL-I0A Licensee | parerca ——] Rs 1900 Crore pprox). There Ts only rough estimate based on admissions by CSMCL, Page 8 Scanned with CamScanner1. That the syndicate thus, completely hijacked the administration state by virtue of following action: ‘at the head of M/s CSMCL of excise department ~ Placement of Arunpati Tripat and Special Secretary in State Excise Department. = Willing alignment of major Chhatisgarh based distilleries ler to M/s Sumeet Facilities Ltd for Granting of manpower tend ns, This ensured compliant office staff at shops: and = Granting of eash collection tender to M/s Top Securities ia which Facilities Management of Mr Siddhartha Singhani role in handling of part-B cash. = Introduction of FLe10A to collect Part-A. commis ‘multi-national companies as well = Setting up of bottle manufacturers i ‘Arvind Singh, For eg. wile of in the name of close associates of Anwar Dhebar viz. ‘Arvind Singh is the proprietor of Adip Empire is the official supplier of glass bottles to M/s Welcome Distillers. 5, ED investigation has revealed that Mr Anwax Dicber apart from collecting commission on sale of accounted finvor (Part) and Sale of Unaccounted kacha illegal liquor (Fert) clso charged can form a quid pro quo bribes from main distillers s0 cartel and divide the entire market share arong themselves. ‘This was known as PART C earings, This was an annual commission which was paid by the main distillers for getting distillery ficense and getting fixed share in the market purchase of CSMCL. Kedia Group got 52% share, Bhatia Group got 30% and Welcome Group got 18% share. They paid bribe per Séage of market share allotted to tem, Procurement was done strictly in this ratio by csMcL 6. ED investigation has established that more than Rs 2000 Crore of corruption money has been generated by this syndicate. Type of] Approximate Amount collected. 7 Corruption PARTA fe] Rs. 690 Crore (approx.) Fle108 Licensee PARTE Rs 1200 Crore (approx). There fs only rough estimate based on admissions by CSMCL, Pope | 8 Scanned with CamScannerExcise Officials and Distillers. The exact amount may vary, because the sale was of ‘unaccounted’ liquor PART-C Rs. 280 Crore (approx) TOTAL Mr Anwar Dhebar is responsible for collection of every suPpee of these proceeds of crime and he alone has the complete account of the utilization of the proceeds of eri - conduct of Mr Anwar Dhebar: The residential premises of Mr- ‘Anwar Dhebar was searched on 29.03.2023 but he was not found at home and despite various callings, he did not join the search proceedings. During the search, it was discovered that he tn he used to abscond jis relatives were had a secret trap door at his house, whic! when the ED team knocked at his door. Evert ive and refused to sign the sea panchnama. rnon-cooperati ‘They called huge number of their supporters and tried to mob the ED's search team. ‘Anwar Dhebar was summoned 10 appe vide summons dated 28.03.2023, 02. 09.04.2023, 13.01.2023 and 23.04.2023 but he did not appear to join the investigation on false pretexts, At times his family ‘even accept the summons, He did not join the Directorate 2023, 06.04.2023, refused 10 investigation. ‘On one occasion he sent a fraudulently obtained medical record. ED recorded the statement of the issuing medical professional and it is conclusively established that the certificate was bogus ‘and just a smoke sereen to avoid appearance before ED. ‘Today early morning again he was apprehended while trying to rman away from the backdoor of Hotel Grand Imperia (owned by his associate Gurucharan Hora). The hotel records were checked and although Anwar Dhebar was living in room no 205, there was no entry in his name. 2 Jio Dongles, 2 iPhone, 1 simple phone --all in the name of benami SIMs were found on him, Page 19 Scanned with CamScanner. The main distillers i All this above conduct shows that he is totally non-cooperatise+ evasive, has no regard for lawful due process and will g9 to any extent to avoid joining investigation altough Mr. Anwar Dhebar was the ED investigation has revealed that ficiary head of the syndicate on the ground, he is not the ultimate bene ofall the proceeds of erime generated in this ease. He is only # Prvale person who isnot holding any positon in the government and just BY Using his proximity to the Mayor of Raipur and the Ruling Polis! Party, he was willing to get his way with the wes Machinery was subservint to him. This clearly shows that he Grew hie powers from the State Poitcians. Thus, he alone bas the satimate knowledge regarding the utilization of the Rs 2000 Crore leppron)worth proceeds of crime. Anwar Dhebar has been found to Be iecussing liquor related transactions with Mr. Arvind Singh and Mr hhean Pati Tripathi in mufiple Whateapp chats. His custodial interrogation is necessary to confront him with the statements recorded by ED, digital evidence material in possession of ED and to trace the whereabouts of this enormous loot bureaucrats. Entire in their respective statements recorded u/s 50 of tioned that on the instructions Mr. Anwar Mr. Vikas Agrawal @ Subbu sed to collect Part- they also stated that unaccounted liquor to PMLA, 2002 hed 1 Dhebar, his associate ‘A and Part-C commission from them, Further, they had collectively supplied 40 lakh cases of Mr, Anwar Dhebar and his associates from April, 2019 to June, 2022 ‘which was sold on his instructions illegally through CSMCLs shops. Moreover, statements u/s 50 of PMLA, 2002 of the then district excise heads were also recorded and they have also acknowledged that Part-B 1g made in their districts as per instruction of higher sale was bein tical, The FL-10(A) licensees have also confirmed in ther statement feconted u/s 50 of PMLA, 2002 that they were paying 60% of their profit to Mr, Anwar Dhebar's associate, Mr. Vikas Agrawal as commission out of profits made, They have also stated on record that cash payment has also been made by them to Mr, Vikas Agrawal as commission on Mr. Anwar Dhebar’s behalf. It has also been stated on record that Mr Vikas Agarwal @Subbu has been planted in Dubai by nwar Dhebar and all he iegally earned proceeds of rime have been invested in UAE in order to alienate the same, Interrogation of Anwar Page 110 Scanned with CamScanner@uring their search operations conducted in 2020 and has analyzed the same in detail. It has been gathered from the same that: - a. that @ criminal syndicate was operating in the State of Chhattisgarh which was making illegal bribe collections by controlling the high-level management of important State Gepartments and SPSUs. b. That this syndicate was comprising of high-level State government officials, private persons and Political Executives of the State government. ¢. That Mr Anil Tuteja IAS , Joint Secretary in Department of Industry and Commerce, was managing the affairs and was the Kingpin of this illegal syndicate along with Mr Anwar Dhebar. ‘They had close proximity to the highest Political Bxecut State of Chhattisgarh and misusing the same they could control sin the the postings and thus their writ ran large in the entire State allowing them to indulge in systematic extortion and corruption, particularly in the rich Excise Department. G. Huge amount of corruption was happening in the Excise Department and hundreds of Crore of cash was being collected from every possible point of access in a distributed hierarchical manner. At each stage, a small percentage was appropriate by the actors at that stage as their remuneretion, and the remaining funds were transmitted to Mr Anwar bar. The syndicate after keeping his cut, passed on the final Joot for the benefit of the Political executives and for clectioneering, This loot has caused a massive loss to the State Exchequer and loss of central government taxes and in general loot from the local business. community. ¢. Mr. Anwar Dhebar, brother of the Mayor of Raipur, was the main collection agent and front man of this syndicate. He is a strongman and one of his brothers is a convicted accused in a murder case being investigated by the CBI. Mr Anwar Dhebar ran the entire syndicate on the ground as per instructions from the higher powers. £ Liquor is a state subject and it is the duty of the State government to regulate its demand and supply for the purpose of public health and revenue generation. As per the findings of the IT Department, large amount of bribe was being collected by the criminal syndicate from Liquor suppliers. Corruption money was also gathered from other departments like Food ete. IT pace 12 Scanned with CamScannerIN THE COURT OF HON’BLE SHRI AJAY SINGH RAJPUT, 4TIADDITIONAL SESSIONS JUDGE (SPECIAL JUDGE, PMLA) AT RAIPUR, CHHATTISGARH ECIR/RPZO/11/2022 DATED 06.05.2023 IN THE MATTER OF Assistant Director, Directorate of Enforcement, Raipur Zonal Office, Raipur, Chhattisgarh. Applicant Vs. Shri Anwar Dheber S/o Shri Haji ZikkarbhaiDhebar, Dhebar House, Pensionbada, Raipur, C.G.-492001 --- Accused APPLICATION UNDER SECTION 167 OF CRPC, 1973, READ WITH SECTION 65 OF THE PMLA ACT 2002, FOR SEEKING REMAND OF ACCUSED ANWAR _DHEBAR, BY ‘THE DIRECTORATE OF ENFORCEMENT, RAIPUR ZONE FOR 14 DAYS IN ECIP NO. ECIR/RPZO/11/2022 MOST RESPECTPULLY SHOWETH: ‘An BCIR bearing No, RPZO/11/2022 was recorded against Mr. Anil ‘Tuteja and others to investigate the matter under the provisions of the Prevention of Money Laundering Act, 2002 (hereinafter referred to as “PMLA, 2002") on the basis of Prosecution Complaint filed by Income ‘Tax Department. The prosecution complaint bearing No 1183/2022 hhas been filed alleging commission of offence punishable under section 276C(1)) 27/ 278/ 2788 of IT. Act, 1961 read with section 1208/ 191 /199/ 200/ 204 of IPC, 1860 on 11.05.2022 before the Hon'ble [ACMM (Special Acts}, Tis Hazari Courts, Delhi Income Tax Department ‘New Delhi against Anil Tuteja and others. ED has officially obtained the Prosecution Complained filed by the IT Department and the documentary & other digital data seized by them Page 13 Scanned with CamScanner