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.

JUDGMENT

Jasgurpreet Singh Puri, J. - The present two petitions which have been filed under Section 482 of the Code of Criminal Procedure are being taken up together for final disposal with the consent of learned counsels for the parties since the impugned order dated 22.03.2022 is a common order in both the cases.

2. One application was filed before the learned Special Judge exercising the powers under the Prevention of Money Laundering Act, 2002 (hereinafter referred to as 'PMLA') by petitioner Ashok Solomon for supply of the copies of documents seized vide seizure memo dated 22.08.2019 and another application was filed by petitioner Parkash Gurbaxani also seeking supply of documents and list thereof, seized by the Directorate of Enforcement from the office/premises of the petitioner during conduct of raids. The learned Special Judge, Gurugram has dismissed both the applications vide impugned order dated 22.03.2022 and the aforesaid order has now been assailed by filing two separate petitions under Section 482 of the Code of Criminal Procedure.

3. The facts are being taken from CRM-M-16317-2022, titled 'Ashok Solomon Versus Directorate of Enforcement'.

4. The Directorate of Enforcement conducted raids on different premises of the accused and seized various documents and seizure memo was prepared on 22.08.2019. Thereafter, complaint under Sections 44 and 45 of the PMLA was filed before the learned Special Judge, Gurugram. Vide Annexure P-2, petitioner Ashok Solomon filed an application before the learned Special Judge, Gurugram for supply of copies of the documents seized vide seizure memo dated 22.08.2019, with a further prayer that the framing of charges may be deferred until the copies of the documents are supplied to the petitioner. This application was filed under Section 208 of the Code of Criminal Procedure. The prayer made by the petitioner in the aforesaid application is reproduced as under:-

'In lieu of the above submissions, the Applicant/Accused most humbly prays:

(i) that this Hon'ble Court directs the ED to supply the copies of the documents seized vide seizure memo dated 22.08.2019 and,

(ii) that the process of framing of charges may be deferred by this Hon'ble Court until a copy of the documents sought by this application are supplied to the Applicant/Accused.'

5. Similar prayer was made by the petitioner Parkash Gurbaxani in the other case and the prayer made by him is reproduced as under:-

'In view of the aforesaid fact, it is therefore prayed that the applicant/accused may kindly be supplied the documents & list thereof seized by the Directorate of Enforcement from the office and premises of the applicant/accused during raids in the interest of justice'.

6. The Directorate of Enforcement filed separate replies to the aforesaid applications.

7. It has specifically stated in the reply in the case of Ashok Solomon that all the documents which have been relied upon by the complainant have been supplied in the best possible condition as available with the Directorate of Enforcement and those documents mentioned in the application which are not relied upon with the impugned prosecution complaint, with that regard the investigation is continuing and ongoing and therefore, the list of remaining documents will be filed before the Court on completion of investigation. Para No.2 and 3 of the aforesaid reply in Ashok Solomon's case is reproduced as under :-

'2. That the complainant submits that all the documents which have been relied upon by the complaint have been supplied in the best possible condition as available with the Directorate of Enforcement.

3. That it is further contended that the documents mentioned in the application which are not relied upon with impugned prosecution complaint, it is submitted that the investigation is continuing and ongoing, therefore the list of remaining documents will be filed before this Hon'ble Court on completion of investigation. It is pertinent to mention here that since the matter is stil