Retention of seized documents cannot continue without a prosecution complaint filed in time, resulting in release to the appellants.

Seized documents were required to be released where no prosecution complaint was filed within 365 days from confirmation of retention, and no stay barred consideration by the Tribunal. The closure of the predicate complaint had already been accepted by the Magistrate, and the pending SLP on investigation did not suspend the Tribunal proceedings. As sufficient time had elapsed after seizure to initiate the complaint, the Tribunal directed release of the documents to the appellants within six weeks, while allowing the respondent to obtain and authenticate copies before release.

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Issues: Whether the seized documents were liable to be released to the appellants in the absence of a prosecution complaint being filed within the stipulated period after confirmation of retention.

Analysis: The complaint had not been filed within 365 days from the date of confirmation of retention. The closure of the predicate complaint had already been accepted by the Magistrate, and no further order of any superior court was shown to prevent consideration of the matter. Although an SLP concerning investigation of the complaint was pending and notice had been issued, there was no stay operating against the proceedings before the Tribunal. The seizure had taken place on 31.01.2023, and sufficient time was available to the respondent to initiate the prosecution complaint if retention of the documents was to continue.

Conclusion: The seized documents were directed to be released to the appellants within six weeks, with liberty to the respondent to obtain and authenticate copies before release.

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