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TMI Blog2019 (7) TMI 1101X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. - W.P.(CRL.) 1319/2019 and CRL.M.A. 9696-9697/2019, W.P.(CRL) 1164/2019 and CRL.M.A. 8513-8514/2019, 10070/2019 - - - Dated:- 22-7-2019 - MR. A.K. CHAWLA J. Petitioners Through: Mr. R.K. Handoo, Advocate with Mr. Aditya Chaudhary, Advocate. Mr. Pavan Narang, Advocate with Mr.Siddharth Handa, Mr. Himanshu Sethi and Mr. Ketan Goel, Advocates. Respondent Through: Mr. Amit Mahajan, CGSC/UOI with Mr. Ra ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... MLA' against Lara Projects LLP (erstwhile Delight Marketing Company Pvt. Ltd./DMCPL) and its Director(s)/ Shareholders; attachment proceedings under Section 5 of PMLA; and; also, filed a criminal complaint under Section 3 r/w Section 4 of PMLA inter alia against the petitioners. In the proceedings so initiated, the petitioners filed the subject applications, which came to be dismissed vide the impugned order. Aggrieved thereof, the petitioners have preferred the instant writ petitions. 3. In W.P.(Crl.) 1319/2019 the impugned order is assailed on the plea that the proceedings before the ld. Special Judge in PMLA are governed by the provisions of Cr.P.C. and require strict compliance of Section 208 Cr.P.C. According to the said p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... stage of framing of charges, while considering application under Section 207 Cr.P.C. only the documents relied upon by the prosecution and filed along with the complaint were to be supplied. In addition, according to the respondent, the right of the respondent to file supplementary complaint was well recognized in Yogesh Mittal vs. ED 2018 SCC OnLine Del 6565 . In the submissions of the ld. counsel for the respondent, the scope and ambit of application under Section 207 Cr.P.C. was very limited, and, in the present case, when the charges were yet to be framed, the petitioners were entitled to only the documents which form part of the charge-sheet/complaint and relied upon by the prosecution. It is thus contended that the documents asked ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he conclusions drawn in Dharambir's case (supra), as under: (v) In terms of Sections 207(v) read with Section 173(5)(a) CrPC, the prosecution is obliged to furnish to the accused copies of only such documents that it proposes to rely upon as indicated in the charge sheet or of those already sent to the court during investigation. (vi) The trial court or this Court cannot, at the pre-charge stage, direct the prosecution to furnish copies of documents other than that which it proposes to rely upon or which have already been sent to the court during investigation. (vii) At the pre-charge stage the trial court cannot direct that a copy of each and every document gathered by the prosecution must be furnished ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 7. In Sasikala's case (supra) relied upon by the ld. counsel for the petitioners in W.P.(Crl) 1164/2019, which took note of the ratio of the judgment in Manu Sharma's case (supra), the Supreme Court had taken note of the perceived difficulties in answering or explaining some part of evidence brought by the prosecution on the basis of specific documents and it was sought to be ascertained if the alleged incriminating documents could be better explained by reference to some other documents which were in the court's custody and therefore, an opportunity must be given to the accused to satisfy itself in that regard. There cannot be any dispute with regard to the ratio of the judgment in Sasikala's case (supra). The fac ..... X X X X Extracts X X X X X X X X Extracts X X X X
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