๐ BREAKING LEGAL UPDATE: In a landmark judgment in Sarla Gupta & Anr. v. Directorate of Enforcement (Crl.A. No. 1622/2022), the Supreme Court of India has strengthened the rights of the accused under the Prevention of Money Laundering Act (PMLA).
๐ Key Highlights of the Judgment:
Accused must be informed about all documents and statements collected by the ED but not relied upon in the prosecution complaint.
Courts must liberally allow applications under Section 91 CrPC / 94 BNSS to access such material.
Reinforces Article 21 โ Right to Fair Trial, even during bail hearings.
Accused can recall witnesses under Section 311 CrPC if new evidence is accessed.
Overrules the Delhi HCโs restrictive view.
โ๏ธ This judgment ensures transparency, strengthens procedural safeguards, and balances the reverse burden under PMLAโa significant victory for the accused!
๐ Stay tuned for an in-depth legal analysis and its implications on ongoing and future PMLA cases.
๐ Relevant Provisions: Section 91 CrPC | Section 311 CrPC | Article 21 of the Constitution | PMLA, 2002
๐ Court: Supreme Court of India
๐ Bench: Justice Abhay S. Oka and others
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