Amir Khan v. Enforcement Directorate Kolkata Zonal Office -Ii

07.03.2024

IN THE HIGH COURT AT CALCUTTA

Item No.11 CRIMINAL REVISIONAL JURISDICTION Ct.No.34 dc.

C.R.R. 325 of 2024 Shri Amir Khan versus Enforcement Directorate, Kolkata Zonal Office-II In Re: An Application under Section 482 read with Section 397/401 of the Code of Criminal Procedure, 1973. Mr. Milon Mukherjee, Mr. Biswajit Manna, Mr. Masum Ali Sardar, Mr. Sanjoy Das, Ms. N. Tabassum ... For the Petitioner.

Mr. Arijit Chakrabarti, Mr. Deepak Sharma ... For the Enforcement Directorate.

Mr. Mukherjee, learned senior advocate appears on behalf of the petitioner.

Mr. Chakrabarti, learned advocate appears for the Enforcement Directorate.

After hearing both the sides, the following directions are passed which the learned Special Court would adhere to and the respective parties would implement the same :

1. All the relied upon documents in the complaint and the two supplementary complaints filed by the Enforcement Directorate particularly with regard to the documents which they have relied upon would be supplied by way of soft copy (Pendrive) to the learned advocate appearing on behalf of the accused/petitioner, Amir Khan before the learned Special Court on the next date so fixed.

2. So far as the legible copies relating to Federal Bank which have been served upon the petitioner by the Enforcement Directorate, the corresponding pages and the contents be attested by the Investigating Officer in a single page and be handed over to the learned advocate for the accused/petitioner on the next date so fixed.

3. The Enforcement Directorate would supply a list of all the documents which are in their possession and which they are not relying upon for the purposes of prosecution of the present case at this stage.

4. In course of the prosecution if any document is relied upon in examination-in-chief which pertains to the contents of the seizure list and while the same is being admitted in evidence, it is found that the copy is illegible which was earlier served to the accused, in that case, a legible copy of the same prior to the document being admitted in evidence be supplied to the accused/petitioner.

5. As a supplementary complaint has been filed after the charge was framed by the learned Special Court and there are documents to that effect, the accused/petitioner will get an opportunity to make an application under Section 216 of the Code of Criminal Procedure. The learned Special Court will consider the applicability of the same and decide the fate of the application in accordance with law.

After compliance of the aforesaid, the learned Trial Court/Special Court if it is of the opinion that alteration of charges is required would alter the charges or in the alternative proceed in accordance with law.

With the aforesaid observations, the revisional application being CRR 325 of 2024 is disposed of. Pending connected application, if any, is consequently disposed of.

All concerned parties shall act on the server copy of this order duly downloaded from the official website of this Court.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Tirthankar Ghosh, J.)