PMLA accused has a right to get copies of material not even relied on by ED: SC
Sarla Gupta & Another v. Directorate of Enforcement (Neutral Citation: 2025 INSC 645)
Introduction:
Hon. Supreme Court clarified that people accused under the Prevention of Money Laundering Act, 2002 (PMLA), also have the right to receive copies of documents which the Enforcement Directorate (ED) chooses not to rely on for prosecution or investigation.
Hon SC held as below:
1. If any property is seized under Sections 17 or 18 of the PMLA, the accused must be given two copies of the seizure memo.
2. If any records are seized from the accused, they must be given two copies of such documents as well.
3. Once the special court takes cognisance of a complaint under Section 44(1)(b) of the PMLA, the special judge must send the following to the accused along with the complaint:
(a)Statements recorded by the special judge of the complainant and any witnesses before taking cognisance;(b) Documents including statements under Section 50 of the PMLA that were filed with the complaint; (c) Any documents that were looked at by the ED up to the date of cognisance; (d) Supplementary complaints and documents submitted with such complaints.
4. If the court after perusing the document is satisfied that disclosure of the documents at that stage may prejudice ongoing investigation, it can deny prayer for production of that document.
5. The trial court can deny such requests only in specific situations listed under Section 233(3) CrPC—such as if the request is made to delay the case, disturb the judicial process, or harass the other party.
The copy of the order is as under:
