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GAUTAM KUMAR CHOUDHARY
Prem Prakash – Appellant
Versus
Union of India through the Directorate of Enforcement – Respondent
JUDGMENT :
GAUTAM KUMAR CHOUDHARY, J.
1. Instant petition has been filed for quashing the order dated 14.12.2022 passed by learned Special Judge, Prevention of Money Laundering Act, Ranchi in ECIR Case No. 04 of 2022 by which the learned Court below has rejected the petition filed under Section 207 read with Section 91 of the Cr. P.C. seeking directions upon the Investigating Agency/State for making disclosure and proving a list of all un-relied documents and statements that are in its possession.
2. Petitioner is an accused in the instant case and after investigation, charge sheet has been filed and cognizance has been taken under Section 3 punishable under Section 4 of PML Act, 2002. The case is now pending for framing of charge.
3. The Police Paper has already been furnished.
4. The petition before the learned Court below for furnishing the list of all un-relied documents and statements in the possession of Investigating Agency/State is premised on the guidelines as laid in Criminal Trial Guidelines Regarding Inadequacies and Deficiencies, In Re v. State of Andhara Pradesh, (2021) 10 SCC 598 wherein Hon'ble Supreme Court issued directions to all High Courts as well as the State Gover
At the pre-charge stage, the accused is not entitled to the supply of unrelied upon documents, but may request a list of such documents if required.
The prosecution must disclose all documents, including those not relied upon, to ensure the accused's right to a fair trial.
The accused has a constitutional right to inspect all materials collected by the investigation, including non-relied documents, at the charging stage to ensure a fair trial and prevent prejudice, as ....
Accused must be provided access to all documents necessary for defense to ensure a fair trial.
The court upheld that the accused must specify required documents for defense; vague applications do not warrant disclosure of all materials.
The judgment emphasizes mandatory compliance with Supreme Court-established guidelines regarding document disclosure in criminal trials to ensure fair trial rights.
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