FINAL ORDER

This order disposes of the two appeals Nos. FPA-PMLA-6002/KOL/2023 & FPA-PMLA-6003/KOL/2023 filed by Shri Hemant Kanoria and M/s Nurit Properties Pvt. Ltd. respectively. The appeals have been filed against the impugned order dated 26.05.2023 of the Ld. Adjudicating Authority, PMLA, New Delhi in O.A. No. 811 of 2023. The appellants have pleaded to set aside the interim order dated 26.05.2023 of the Ld. Adjudicating Authority, whereby he has dismissed the application of the appellants to supply the copies of the documents/ records seized by the Enforcement Directorate in the search u/s 17(1) of The Prevention of Money Laundering Act, 2002, (PMLA) conducted on 31.01.2023 and 01.02.2023.

2. The appellants have pleaded that they are entitled to obtain copies of the seized records u/s 21(2) of PMLA. They have further pleaded that copies of the seized records were not even provided along with the Show Cause Notice issued on 02.03.2023 by the Registrar of Adjudicating Authority, PMLA. They pleaded that in spite of their application dated 06.04.2023 to the Adjudicating Authority to direct the respondent to supply copies of the seized records, hearing thereupon on 09.05.2023 before the Adjudicating Authority and written submissions filed by them before the Adjudicating Authority on 12.05.2023, the impugned order dated 26.05.2023 passed by the Ld. Adjudicating Authority rejected their request for supply of seized record and issued directions to them to file reply by 30.06.2023 to the Show Cause Notice dated 02.03.2023.

3. The respondents in their replies dated 08.06.2023 have taken the position that while the copies of the seized records shall be provided to the appellants u/s 21(2) of PMLA there is no such requirement as to provide the copies at this stage in view of there being no time line prescribed under the provisions of Section 21(2) and their investigation shall be compromised if copies of the seized records are given to the appellants at this stage. Respondents have stated that the investigations are complex involving scrutiny of voluminous records and confrontation of different persons with records. The seizure is of documents which run into several thousands of pages and of electronic records for which forensic analysis is being conducted. They apprehend that supplying of the seized records may lead to alteration/destruction of documents as yet discovered, creation of third-party rights, disposal of assets, creation of false or mis-leading evidence and tampering of evidence. They also stated that the appellants are not cooperating with the investigation and hence causing delay in its completion. The respondent also pleaded that the appellants have not demanded copies of specific documents, rather have made a blanket demand to get copies of all the documents.

4. On receipt of the appeal in the Tribunal on 01.06.2023 hearings were held on 01.06.2023 and 09.06.2023. The appeal was heard afresh before this Vacation Bench on 12.06.2023, wherein the Ld. Counsels on the two sides argued at length on the merit of their respective pleadings. The Ld. Counsels for the appellants pleaded that the provisions of Section 21(2) PMLA make it clear that they are entitled to obtain immediately copies of the seized records without any limitation and qualification. Any deferment of providing them the copies of the seized records is contrary to the provisions of the Act. The Ld. Counsels for the respondents during the hearing assured to provide the appellants copy of the seized records, however, sought time to do so in view of the investigation being in progress. They pleaded that deferment of the supply of copies of the seized records does not cause prejudice to the appellants at this stage as there is no attachment and arrest and the limited question of retention of document is presently under consideration. They also pleaded that in case the seized documents are ordered to be released immediately then the written submission furnished by