Mumbai: Special PMLA Court Allows ED To Use Photocopies Of Documents Destroyed In 2025 Office Fire

Mumbai, October 13, 2026: Observing that fire is an unnatural calamity beyond human control, the special PMLA court allowed the prosecution to rely on photocopies of original documents that were lost in a fire that broke out at the ED office in April 2025.

The special PMLA court was hearing the money laundering case registered by the ED in 2017 against Kritika Dahal, owner of International Rising, Hong Kong, in a case involving Rajeshwar Exports for illegal foreign remittance.

ED Cites Fire At Office

The agency had pleaded that after a fire broke out at its office on April 27, 2025, original records and evidence in several cases were lost. Hence, the prosecution sought permission to rely on photocopies of the original documents, pleading that, "While filing of the complaint (chargesheet), the officers have prepared the xerox copies of the statements, FIR and all other documents relied by the prosecution, by mechanical process, which in itself ensure the accuracy of the copies of the documents. As the broke out of fire in the office of Directorate of Enforcement was unusual and beyond the control of human being, the documents could not be saved."

Defence Opposes Secondary Evidence

The plea was opposed by the defence, saying that the prosecution had failed to establish the existence and execution of the original documents and had also failed to show their loss.

It was stated that the prosecution had failed to show that the loss of the documents was not due to negligence by the officers. It was also contended that the prosecution had failed to prove the custody of the records.

Court Allows Photocopies As Evidence

The court, however, said that, "though the documents were kept in safe custody in the office of the Enforcement Directorate, the broke out fire is unnatural calamity which was beyond the control of the human beings."

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"The Accused is aware about the documents which the prosecution is required to prove. As the original documents are not available and it is not possible for the prosecution to make it available due to destruction of same in fire incident, the prosecution can be allowed to lead secondary evidence in respect of those documents. The defence has an opportunity to confront those documents and cross-examine the witness, in respect of same," the court said, allowing the ED's plea.

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