ORDER :

1. Is a statement recorded under Section 164 of the Criminal Procedure Code a public document falling under Section 74(1) (iii) of the Indian Evidence Act?

Is a stranger to the proceedings entitled to a copy of the same under Section 76 of the Indian Evidence Act?

These are the important questions that fall for consideration in this Criminal Miscellaneous Case.

2. The Enforcement Directorate registered an Enforcement Crime Investigation Report as ECIR/KCZO/31/2020 against three accused on 13.07.2020 under Sections 16, 17 and 18 of the Unlawful Activities (Prevention) Act 1967. After investigation, a prosecution complaint under Sections 44 and 45 of the Prevention of Money Laundering Act, 2002 (for short ‘PMLA’) was filed at the Special Court (PMLA), Ernakulam on 6.10.2020 reserving the liberty to file a supplementary complaint, if any. The Special Court took cognizance of the offence and numbered the case as SC No. 610/2020. After further investigation, a supplementary prosecution complaint was filed against the accused No. 4 reserving right to file additional supplementary complaint as provided under Section 44(1)(d)(ii) of PMLA. Further investigation is in progress. During it