PMLA Accused Entitled To Receive List Of Materials Not Relied Upon By ED : Supreme Court

The Supreme Court ruled that PMLA accused are entitled to receive all materials collected during investigation, even if not relied upon by the Enforcement Directorate (ED) in the chargesheet. This landmark judgment curtails ED's discretionary power to withhold evidence and strengthens the right to fair trial. The court held that non-supply of such material violates Article 21's guarantee of due process, especially in PMLA cases where bail is exceptionally difficult to obtain. The decision mandates ED to provide complete case records, including statements and documents that may help the defense. This brings PMLA procedures in line with general criminal jurisprudence where disclosure of all evidence is mandatory. The ruling will significantly impact ongoing money laundering cases, potentially leading to more acquittals as defendants gain access to exculpatory evidence. Legal experts hail this as restoring some balance in PMLA's otherwise tilted playing field.