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JASGURPREET SINGH PURI
Ashok Solomon – Appellant
Versus
Directorate Of Enforcement – Respondent
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 Enforceme
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 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 ....
The prosecution must disclose all documents, including those not relied upon, to ensure the accused's right to a fair trial.
Accused must be provided access to all documents necessary for defense to ensure a fair trial.
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