Delhi High Court - Orders
Rp Goyal vs Directorate Of Enforcement on 10 February, 2022
Author: Rajnish Bhatnagar
Bench: Rajnish Bhatnagar
(VIA VIDEO CONFERENCING)
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 96/2022
RP GOYAL ..... Petitioner
Through: Mr. Vijay Aggarwal, Advocate with
Mr. Mudit Jain, Mr. Hardik Sharma,
Mr. Talib Khan, Mr. Yugant Sharma
and Mr. Parth Parashar, Advocates.
versus
DIRECTORATE OF ENFORCEMENT ..... Respondent
Through: Mr. Amit Mahajan, CGSC with Ms.
Vidhi Jain, Advocate.
CORAM:
HON'BLE MR. JUSTICE RAJNISH BHATNAGAR
ORDER
% 10.02.2022 CRL.M.A. 1055-56/2022(for exemption) Exemption allowed, subject to all just exceptions. The applications stand disposed of.
W.P.(CRL) 96/2022 AND CRL.M.A. 1054/2022 (stay)
1. By the way of this present writ petition filed under article 226 of the Constitution of India the writ petitioner is seeking following reliefs:-
A. Pass necessary orders and directions, thereby quashing and setting aside of the impugned order dated 10.12.2021 passed by the Court of Sh. S.S. Rathi, Ld. Spl Judge, Rouse Avenue Court Complex, New Delhi in CC No. 01/2020 titled "Directorate of Enforcement Vs M/s Bhushan Power and Steel Ltd. & Ors"Signature Not Verified Digitally Signed By:KAMAL KANT MENDIRATTA Signing Date:14.02.2022 22:23
(VIA VIDEO CONFERENCING) whereby the Application under Section 208 Cr.P.C. filed by the Petitioner herein was disposed off by merely directing for supply of the list of unrelied documents without the supply of the actual documents.
B. Pass any other necessary and appropriate orders and direction, as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, in the interest of justice.
2. Issue notice. Learned CGSC on behalf of the respondent/Directorate of Enforcement, who appears on advance notice, accepts notice.
3. It is submitted by the counsel for the petitioner that as per the directions of the Supreme Court the documents which are relied or unrelied by the investigating agencies are needed to be supplied along with list of such documents. It is further submitted that in case of Central Bureau of Investigation v. M/s. INX Media Pvt. Ltd. & Ors by Delhi High Court in CRL.M.C. 1338/2021, Decided on 10th November, 2021, it was held that respondent can visit the malkhana of CBI and can inspect the documents which are unrelied by the CBI, but in present case the investigation is carried out by Directorate of Enforcement which does not have any malkhana and now the issue herein is that whether only list is to be given or the actual supply of those relied and unrelied documents are to be provided.
4. Learned counsel for the petitioner relied on the para 11 of the Judgment of Supreme Court titled as In re: To issue certain guidelines regarding inadequacies and deficiencies in Criminal Trials vs The State of Signature Not Verified Digitally Signed By:KAMAL KANT MENDIRATTA Signing Date:14.02.2022 22:23 (VIA VIDEO CONFERENCING) Andhra Pradesh & Ors. Suo Moto Writ (Crl) nos. 1/2017 to contend that the Prosecution shall supply a list of other materials wherein the documents/statements etc. that have been seized and not relied upon by the Investigation Authority shall be furnished to Accused:-
"11. The amici pointed out that at the commencement of trial, accused are only furnished with list of documents and statements which the prosecution relies on and are kept in the dark about other material, which the police or the prosecution may have in their possession, which may be exculpatory in nature, or absolve or help the accused. This court is of the opinion that while furnishing the list of statements, documents and material objects under Sections 207/208, Cr. PC, the magistrate should also ensure that a list of other materials, (such as statements, or objects/documents seized, but not relied on) should be furnished to the accused. This is to ensure that in case the accused is of the view that such materials are necessary to be produced for a proper and just trial, she or he may seek appropriate orders, under the Cr. PC. for their production during the trial, in the interests of justice. It is directed accordingly; the draft rules have been accordingly modified. [Rule 4(i)]"
5. It is further submitted by the learned counsel for the petitioner that in the absence of those documents which are not relied by the respondent, the agruments on charge before the trial court should not take place. Learned Signature Not Verified Digitally Signed By:KAMAL KANT MENDIRATTA Signing Date:14.02.2022 22:23 (VIA VIDEO CONFERENCING) counsel for the petitioner placed reliance on the following judgments to contend that at the stage of argument on charge all the documents are to be provided to the accused. These are as follows:-
i. Shashi Bala V. State Govt. of NCT of Delhi & Ors. by Delhi High Court in Crl. M.c. 1752/2016, Decided on 08.07.2016. ii. Mr. Arvind Kejriwal & Anr. V. State NCT of Delhi by Delhi High Court in CRL.M.C. 1867/2020 decided on 21.10.2020. iii. Neelesh Jain vs State Of Rajasthan, 2006 CriLJ 2151 by Rajasthan High Court, decided on 20 December, 2005.
iv. Shakuntala vs The State Of Delhi, 139 (2007) DLT 178, by Delhi High Court decided on 26 February, 2007.
6. On the other hand, it is submitted by the learned CGSC that earlier as per the provisions of Cr.P.C. no list or documents were being provided for the documents which are seized by the investigating agencies but not relied with the chargesheet but the Supreme Court, however laid down certain guidelines to provide the list so that if the accused feels that there are some documents which are relevant for the arguments for defence during the trial, then those documents can be obtained by filing a proper application in this regard. It is further submitted that Supreme Court also directed the High Courts to draft the rules within six months but as of today no rules have been drafted so that magistrates can function in this aspect during the course of trial. It is further submitted that till such time those rules are framed, the Trial Court cannot even direct to supply the list of those relied or unrelied documents, and that can only be provided once rules are framed. It is further submitted that in the judgment of Supreme Court In re: To issue certain Signature Not Verified Digitally Signed By:KAMAL KANT MENDIRATTA Signing Date:14.02.2022 22:23 (VIA VIDEO CONFERENCING) guidelines regarding inadequacies and deficiencies in Criminal Trials (Supra) the word is used i.e "during the trial", so no question arises of the same when the trial is not started yet and is at the stage of framing of charges. It is further submitted that there is no concept of malkhana in Directorate of Enforcement and the documents which are seized are being kept in the office itself. It is further submitted by the learned CGSC that when the documents are seized by officers of directorate of enforcement, they move an application before adjudicating authority under section 17 of the Prevention of Money Laundering Act, 2002 mentioning all the details of the seized documents and stating that these documents are required for the purpose of investigation. And in this stage the person from whom these documents are being seized is being provided with the list as well as the copies of those documents as per the section 21 (2) of the Prevention of Money Laundering Act, 2002 which reads as "(2) The person, from whom records seized or frozen, shall be entitled to obtain copies of records.". It is further submitted that now there has to be a stage i.e. stage of trail and application is to be filed to obtain those documents for the purpose of defence.
7. Learned CGSC has placed reliance on the following judgments to contend that there is an appropriate stage of providing those documents i.e. stage of trial and also to contend that Supreme Court in its judgment dated 20.04.2021 has not said specifically that guidelines to be followed till any rules are made:-
i. V.K. Sasikala v. State represented by Superintendent of Police, (2012) 9 SCC 771 Signature Not Verified Digitally Signed By:KAMAL KANT MENDIRATTA Signing Date:14.02.2022 22:23 (VIA VIDEO CONFERENCING) ii. Sidhartha Vashisht alias Manu Sharma v. State (NCT of Delhi), (2010) 6 SCC 1 iii. Vishaka and Ors. v. State of Rajasthan and Ors., (1997) 6 SCC 241 iv. Sarla Gupta v. Directorate of Enforcement, 2019 SCC Online Del 9258.
8. In the instant case, as per the order dated 10.12.2021 passed by learned special court, it was held as follows:
"In the light of the above, the application under disposal stands allowed to the extent that ED shall prepare and supply list of unrelied material including documents and statements seized by them upto the date of filing of the present complaint, within four weeks. No blanket permission of inspection of unrelied documents is being sought as of now in so far as Ld. Defence counsel submits once he is supplied the list of materials he will go through the same and make appropriate application on need basis. List shall be filed on or before 10.01.2022. Both applications stand disposed."
9. Reliance can be placed on the judgment of Supreme Court titled as In re: To issue certain guidelines regarding inadequacies and deficiencies in Criminal Trials vs The State of Andhra Pradesh & Ors. Suo Moto Writ (Crl) nos. 1/2017 relevant portion of the para 11 reads as follows:
"11. xxxx.... This court is of the opinion that while furnishing the list of statements, documents and material objects under Sections 207/208, Cr. PC, the magistrate should also ensure that a list of other Signature Not Verified Digitally Signed By:KAMAL KANT MENDIRATTA Signing Date:14.02.2022 22:23 (VIA VIDEO CONFERENCING) materials, (such as statements, or objects/documents seized, but not relied on) should be furnished to the accused.".
10. In the meanwhile, let the status report/reply be filed by the respondent/Directorate of Enforcement on or before the next date of hearing.
11. List on 7th March, 2022. Till the next date of hearing proceedings before the trial court are stayed.
RAJNISH BHATNAGAR, J FEBRUARY 10, 2022 p Signature Not Verified Digitally Signed By:KAMAL KANT MENDIRATTA Signing Date:14.02.2022 22:23