Accused Entitled Only To 'List' Of Documents Not Relied Upon By Investigating Agency At Commencement Of Trial: Punjab & Haryana High Court
The Punjab and Haryana High Court has held that at commencement of trial, an accused person is entitled to a list of those documents which are not relied upon by the Investigating agency. However, the accused cannot seek that the unrelied documents themselves should be supplied to him/her.The petitioner-accused herein had approached the Court under Section 482 CrPC assailing the order...
The Punjab and Haryana High Court has held that at commencement of trial, an accused person is entitled to a list of those documents which are not relied upon by the Investigating agency. However, the accused cannot seek that the unrelied documents themselves should be supplied to him/her.
The petitioner-accused herein had approached the Court under Section 482 CrPC assailing the order of Special PMLA Judge refusing to supply the copies of documents seized by the Enforcement Directorate during raids.
The ED stated that the documents which were relied upon had already been supplied, however, the list of all such documents which were not relied upon shall be supplied upon the completion of the investigation.
The petitioner, Ashok Solomon, then argued that every document seized during investigation was required to be furnished to the accused, whether relied upon or not by the prosecution. He referred to Re: To Issue Certain Guidelines Regarding Inadequacies and Deficiencies in Criminal Trials v. State of Andhra Pradesh and Others, wherein the Supreme Court had directed for adoption of the 'Draft Rules of Criminal Practice, 2021' and had provided that while furnishing the list of statements, documents and material objects under Sections 207/208 CrPC, the Magistrate was also supposed to ensure that a list of other materials (such as statements, or objects /documents seized, but not relied on) was furnished to the accused.
The Additional Solicitor General of India, on the other hand, argued that it was settled principle of law that 'an accused was entitled only to the relied upon documents and had no right to seek unrelied upon documents at the stage of framing of charges.' Reliance was placed on the decision in State of Orissa v. Debendra Nath Padhi, 2005 (1) SCC 568.
Reliance was also placed on the decision in Assistant Collector of Customs v. L.R Melwani, 1969(2) SCR 438, to contend that an accused was not entitled to documents in a case instituted upon a complaint and since the process under the PMLA was initiated upon filing of a complaint, the accused could not seek copies of the documents. "At the most, the accused was entitled only to a list of unrelied upon documents and not the documents," argued the ASG.
The single bench of Justice Jasgurpreet Singh Puri referred to Rule 6 of the Punjab and Haryana High Court Rules and Orders and observed, "it has been so provided by the aforesaid Rules that those documents which are not relied upon by the Investigating Officer, qua them a list should be supplied to the accused person. However, there is nothing in the aforesaid Rules that the unrelied upon documents should also be supplied to the accused."
The Court further noted that the Rules were amended to the above effect following the Supreme Court's decision in Re: To Issue Certain Guidelines (supra).
Accordingly, the petition was dismissed with liberty to the petitioners to move an appropriate application before the Special Judge seeking supply of "list" of any documents either relied upon or not relied upon.
Case Title: Ashok Solomon v. Directorate of Enforcement and M/S QVC Realty Company Limited and Another v. Directorate of Enforcement
Citation: CRM-M-16317-2022 (O&M) and CRM-M-19965-2022 (O&M)
Coram: Justice Jasgurpreet Singh Puri
Citation: 2022 LiveLaw (PH) 302