New Step by Step Map For bank defreeze case kerala
New Step by Step Map For bank defreeze case kerala
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The rampant increase of white-collar crimes and economic offences is ubiquitous and sometimes cited being a gnawing threat to India’s financial interests. This development has resulted in formidable coverage and legislative response through the Central and point out governments, geared toward equipping many investigating authorities including the Police with a broad amplitude of powers to successfully examine and prosecute offences pertaining to elaborate fiscal transactions.
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Dayasindhu Sreehari, the counsel to the Union authorities, stated the orders issued by the police of other states were required to observe the money which is routed by means of distinct accounts.
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.” This is often in step with the check out that a writ courtroom can not enterprise into disputed issues of actuality which a Justice of the peace will be in a better placement to address.
there is nothing in Section 102 which mandates offering of prior detect to your account holder prior to the seizure of his bank account
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they can't are unable to locate the position in their cases as the request to their banks to freeze their accounts was produced by law enforcement stations in really considerably-off locations in other states, it stated.
[23] held that the time period “seize” below portion 102 usually means real using possession of your property and restraining bank account and locker from the accused via the law enforcement would not amount of money to seizure less than part 102. The court docket quashed the order passed by the Exclusive Judge and CBI but authorized the law enforcement to confiscate the articles or click here blog posts which have been deposited because of the accused during the bank account about the situation that Those people articles were being observed under situations which developed suspicion for your Fee of the offence. The see of Textile Traders Syndicate Ltd
nevertheless, this kind of view has provided a broader scope of misuse letting investigating authorities to harass innocent third events by freezing their bank accounts around the slightest of uncertainties as to its connection with any alleged offense. In Teesta Atul Setalvad and Ors. vs. The condition of Gujarat and Ors.
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to be aware of the scope of powers that the investigating authorities have to freeze a bank account, just one must dive in the supply of the power by itself. This resource might be traced to area 102 of the Code of Criminal method, 1973 ('CrPC').
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