Sarla Gupta vs Directorate of Enforcement 2025 INSC 645 - PMLA - Accused 's Right To Get Copies Of Documents
Prevention of Money Laundering Act 2002 - Section 17,18 -(a) When records, instruments or documents of title of the property are seized along with the property under Sections 17 and 18 of the PMLA, the accused from whom the same are seized is entitled to true copies thereof;
PMLA 2002 - Section 44(1)(b) ; Code of Criminal Procedure 1973 - Section 204 [BNSS - Section 227] - Section 204 of the CrPC (Section 227 of the BNSS) is applicable to a complaint under Section 44(1)(b) of the PMLA. (Para 25) Once cognizance is taken on the basis of a complaint under Section 44(1)(b) of the PMLA, the learned Special Judge must direct that along with the process, a copy of the complaint and the following documents be provided to the accused; (i) Statements recorded by the learned Special Judge of the complainant and the witnesses, if any, before taking cognizance; (ii) The documents including the copies of the Statements under Section 50 of the PMLA produced before the Special Court, along with the complaint, and the documents produced subsequently by the ED till the date of taking cognizance; and (iii) Copies of the supplementary complaints and the documents, if any, produced with supplementary complaints- (c) A copy of the list of statements, documents, material objects and exhibits that are not relied upon by the investigating officer must also be furnished to the accused. the object is to ensure that the accused has knowledge of the documents, objects, etc. in the custody of the investigating officer which are not relied upon so that at the appropriate stage, the accused can apply by invoking the provisions of Section 91 of the CrPC (Section 94 of the BNSS) for providing copies of the documents which are not relied upon by the prosecution. (Para 30)
PMLA Act -t the time of hearing for framing of charge, reliance can be placed only on the documents forming part of the chargesheet. In case of the PMLA, at the time of framing charge, reliance can be placed only on those documents which are produced along with the complaint or supplementary complaints. Though the accused will be entitled to a list of documents, objects, exhibits etc. that are not relied upon by the ED at the stage of framing of charge, in ordinary course, the accused is not entitled to seek copies of the said documents at the stage of framing of charge. (Para 55)
PMLA Act ; Code of Criminal Procedure - Section 233 -At the stage of entering upon defence, an accused can apply for the issue of process for the production of any document or thing in accordance with Section 233(3) of the CrPC (Section 256(3) of the BNSS). At this stage, he can also apply for the production of a document or a thing that is in the custody of the prosecution but has not been produced. A fair trial is a part of the right guaranteed to an accused under Article 21 of the Constitution. The right to a fair trial of the accused includes the right to defend. The right to defend consists of the right to lead the defence evidence by examining the witnesses and producing the documents. Therefore, the accused is entitled to exercise his right at the stage of entering upon defence by compelling the prosecution or a third party to produce a document or a thing in their possession or custody. The Court can decline the request of the accused for issuing process for the production of documents only on the limited grounds set out in sub-section (3) of section 233 of the CrPC (f) When at the stage of defence evidence of the accused, documents are produced on the prayer of the accused and the accused desires to cross-examine any of the prosecution witnesses based on the said documents, it is always open for the accused to apply under Section 311 of the CrPC (Section 348 of the BNSS) to recall a prosecution witness already examined for further cross-examination. The reason is that the right to effectively cross-examine the prosecution witnesses is also a part of the right to have a fair trial. The accused can exercise this right even if evidence of both sides is closed. (Para 55)
PMLA - Section 45 ; Code of Criminal Procedure - Section 91 - At the time of hearing of an application for bail governed by Section 45(1)(ii) in connection with the offences under Section 3 of the PMLA, an accused is entitled to invoke Section 91 of the CrPC (Section 94 of the BNSS) seeking production of unrelied upon documents. If investigation or further investigation in progress, the ED is entitled to raise objection to production of documents sought by the accused on the ground that if the documents are disclosed at this stage to the accused, it may prejudice the investigation. Only if the Court after perusing the documents is satisfied that the disclosure of the documents at that stage may prejudice the ongoing investigation, it can deny the prayer for the production of such documents. (Para 55)
PMLA - Section 2(w) - Deeds and instruments of title are included in the definition of property and books or records stored in a computer become records within the meaning of Section 2(w). (Para 14)
PMLA - Section 20 - The order of retention of the property under Section 20 does not amount to forfeiture of the property. The seized property does not vest in the ED. There is no prohibition on providing copies of the deeds or instruments evidencing title to the person from whom or from whose premises the deeds or instruments are seized. If the provision is interpreted to mean that the person from whom such deeds or instruments are seized is not entitled to receive even copies of the same, the provision will be rendered arbitrary and violative of Article 14 of the Constitution. (Para 18)
Code of Criminal Procedure - Section 173(6) [BNSS- Section 193(7)] - After the charge sheet is filed, the accused is entitled to copies of the police report, FIR, confessions, statements, if any, recorded under Section 164 of the CrPC, and statements recorded under sub-section (3) of Section 161 of the CrPC of all the persons whom the prosecution proposes to examine as witnesses. There is an exception to the rule as regards the supply of statements under Section 161(3) of the CrPC. Sub-section (6) of Section 173 (sub-section (7) of Section 193 of the BNSS) provides that if the police officer is of the opinion that any part of such statement is not relevant to the subject matter of the proceeding or that its disclosure to the accused is not essential in the interest of justice and is inexpedient in public interest, he shall indicate that part of the statement and append a note requesting the learned Magistrate to exclude that part of the statement from the copies to be provided to the accused. The police officer is required to state reasons for making such a request. As can be seen from the first proviso to Section 207 of the CrPC, after considering the request of the police officer and the reasons given by him, it is open for the learned Magistrate to direct a copy of that part of the statement or such portion thereof as the learned Magistrate thinks proper, to be furnished to the accused. However, the learned Magistrate is not bound by the request made by the police officer. After considering the request, the learned Magistrate is empowered to reject the request of the police officer and supply the complete copies of such statements. It is pertinent to note that the Police have the power to apply for the exclusion of parts of only the statements. This power does not extend to the documents covered by clause (v) of Section 207. (Para 27)
