Friday, May 30, 2025

Supreme Court Ruling on Accused's Right to Documents under PMLA

 In a significant judgment, the Supreme Court held that individuals accused under the Prevention of Money Laundering Act (PMLA) have the right to access both relied-upon and unrelied-upon documents seized by the Enforcement Directorate (ED). This aligns PMLA procedures with the Criminal Procedure Code (now BNSS, 2023).

Key Highlights:

  • Seized Documents: Accused can obtain copies of all documents seized, whether relied upon or not.

  • During Trial: Accused may seek unrelied documents during trial for effective defense and cross-examination.

  • At Bail Stage: Requests for documents during bail can be resisted if the investigation is ongoing.

  • Legal Principle: Reinforces Article 21 rights (fair trial) and procedural fairness in economic offences.

This judgment clarifies and strengthens the procedural rights of the accused under PMLA proceedings.

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Kolkata ITAT holds Husband's HUF not falling in the definition of ‘Relative’ of a Wife for gift-tax purposes under Income-tax

  Kolkata Tribunal has recently ruled that HUFs cannot be treated as “relatives” under the gift-tax provisions of the Income-tax Act, thereb...