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2019 (7) TMI 1101 - HC - Money LaunderingSupply of deficient/illegible documents - alleged contravention of Section 120-B r/w Section 420 IPC and Section 13(i)(d) of the Prevention of Corruption Act - HELD THAT - The impugned order has come to be passed by the ld. Special Judge (PC Act) in the proceedings initiated under a special Act i.e. PMLA. The complaint made by the Directorate of Enforcement under Section 3/4 of the PMLA Act is the foundation thereof. On the complaint so made, the offence(s) are to be tried by the Special Court as provided for under subclause (d) of sub-Section (1) of Section 44 PMLA. Provision so made under the PMLA-a special enactment, is an exception created to the procedure to be followed for trial of the offences as provided for under the Code of Criminal Procedure. In that view of the matter neither Section 207 nor Section 208 Cr.P.C. can be applied mutatis mutandis to the proceedings under PMLA. Petition dismissed.
Issues:
1. Setting aside of a common order passed by the Special Judge. 2. Compliance with Cr.P.C. provisions in PMLA proceedings. 3. Supply of deficient/illegible documents. 4. Scope of application under Section 207 Cr.P.C. 5. Entitlement to documents at pre-charge stage in PMLA proceedings. 6. Application of Section 207 and Section 208 Cr.P.C. in PMLA proceedings. 7. Relevance of judgments in similar cases. 8. Dismissal of writ petitions and pending applications. Issue 1: Setting aside of a common order passed by the Special Judge The petitioners sought to set aside a common order dated 30.03.2019 passed by the Special Judge, which dismissed their applications seeking supply of deficient/illegible documents. The petitioners challenged this order through writ petitions. Issue 2: Compliance with Cr.P.C. provisions in PMLA proceedings The petitioners argued that proceedings before the Special Judge in PMLA are governed by Cr.P.C. and require strict compliance with Section 208 Cr.P.C. They contended that deficiencies in documents supplied by the respondent needed to be addressed, and further investigation or filing of supplementary complaints should not be allowed. Issue 3: Supply of deficient/illegible documents The petitioners claimed that documents supplied by the respondent were deficient and illegible. They argued that the documents detailed in their applications were necessary for a fair consideration of charges and should have been provided under Section 207 Cr.P.C. Issue 4: Scope of application under Section 207 Cr.P.C. The petitioners argued that the deficient documents they sought were integral to the relied-upon documents and crucial for a fair consideration of charges. They contended that the Special Judge erred in drawing parity between Sections 207 and 208 Cr.P.C. Issue 5: Entitlement to documents at pre-charge stage in PMLA proceedings The respondent Directorate of Enforcement maintained that at the pre-charge stage, the petitioners were entitled only to documents forming part of the charge sheet/complaint and relied upon by the prosecution under Section 207 Cr.P.C. They argued that the petitioners were not entitled to documents beyond those. Issue 6: Application of Section 207 and Section 208 Cr.P.C. in PMLA proceedings The Special Judge's order was passed in proceedings under PMLA, a special enactment, where the procedure differs from Cr.P.C. The court clarified that neither Section 207 nor Section 208 Cr.P.C. could be applied directly to PMLA proceedings at the pre-charge stage. Issue 7: Relevance of judgments in similar cases Judgments such as Manu Sharma vs. State and V.K. Sasikala vs. State were cited by both parties to support their arguments. The court considered these judgments but emphasized that their principles applied during the trial stage, not the pre-charge stage. Issue 8: Dismissal of writ petitions and pending applications Ultimately, the court found the writ petitions unmerited and dismissed them, along with any pending applications, based on the arguments presented by both parties and the legal considerations specific to PMLA proceedings at the pre-charge stage.
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