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2016 (10) TMI 1086 - AT - Money LaunderingPMLA - Attachment orders - Held that:- The documents relied upon or referred to in the matter may not be supplied simply on the grounds that most of the documents are already in the possession of the appellants or on the ground that they are not relevant. We are of the considered view that once the documents are referred or likely to be referred while passing the order after considering the reply and taking into account all the relevant materials placed on record, under sub-section (2) of Section 8 of the PMLA, the same are necessary to be supplied, even though some of the documents are already in the possession of the accused person. As far as the attachment of any other properties and/or further attachment of properties are concerned where the investigation is ongoing, the appellants are not entitled to any document and part of the statement(s) of witnesses recorded during the investigation at this stage if it relates to such attachment/on-going investigations. Only the documents referred to in the statement of witnesses in relation to the attachment of properties as covered in the present P.A.O. and relied on in the present original complaint are to be supplied. The prayers made in the above-mentioned appeals are partly allowed by setting aside the impugned orders dated 8-9-2016. The limited prayer is granted by directing the respondent to supply the copies of statement(s) of witnesses recorded by the investigation and pertaining to the attachment of certain properties under the present P.A.O. and relied on in the present original complaint which are in its possession, and the documents shown/tendered during such statement(s) to the appellants within a period of 10 days from today. It is agreed by the learned counsels for the appellants that they will file the reply within 10 days thereafter and would not seek any adjournment in the matter before the Adjudicating Authority so that the Adjudicating Authority would be at liberty to decide the show cause notice issued within the time prescribed under the Act.
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