On the ED's claim that Joshi was involved in the transfer of advance kickback amount of around Rs 20-30 crore that was allegedly used in the AAP election campaign for the 2022 Goa assembly polls, the court said there was nothing on record at this stage to link these payments. Joshi is also not alleged to be a member of the 'South lobby' or the 'liquor lobby' of any region and hence, admittedly, he is not among the persons who are alleged to have paid the kickbacks to co-accused Manish Sisodia or his other associates, and he is also not a recipient of the kickbacks or bribes, he noted.
He observed that Joshi was not in the liquor business and admittedly, he was also not a participant in any of the meetings which allegedly took place among the other co-accused or conspirators of the criminal conspiracy in connection with the formulation of the now-scrapped excise policy or its implementation.
The judge further said in the order passed on May 6 that the mere apprehension that the accused may resort to commission of an offence again will not be sufficient to oppose bail. On Gautam Malhotra, the court said that the case of the prosecution as based on oral and documentary evidence "cannot be prima facie considered to be a genuine case".
In connection with the bail plea by Joshi, the court said it was of the prima facie view that the evidence was not sufficient to make it believe that the case against him was genuine or that he was going to be held guilty of the offence of money laundering.
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