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RAVI NATH TILHARI
C. Gopal Reddy – Appellant
Versus
Directorate Of Enforcement – Respondent
JUDGMENT :
Heard Sri I.Koti Reddy, learned counsel, representing Sri N.Jeevan Kumar, learned counsel for the petitioners, Sri Josyula Bhaskara Rao, learned Standing Counsel for 1st respondent, Directorate of Enforcement (in short, ED), Ministry of Finance and 2nd respondent, Assistant Directorate of Enforcement, Hyderabad Zonal Office, Hyderabad, Sri D.V.S.Lokeshwara Rao, learned Standing counsel for 3rd respondent, Axis Bank Limited.
2. Sri G.Sudheer Kumar and Sri N.Satyanarayana, learned counsels accepted notice for the respondent No.4, Union Bank of India, Level-3, CO Annex Building, Saifabad, Hyderabad - 500 004, Telangana, but the appearance is not made.
3. This writ petition under Article 226 of the Constitution of India has been filed for the following relief:-
(A) Declaring the action of Respondent No 2 in instructing/directing the Respondent Nos.3 and 4, vide emails dated 18.10.2022, to debit freeze the bank accounts of Petitioner No.1 bearing A/c No.91102004187524 maintained with Respondent No.3 and A/c No.05523110000
(1) Freezing of Bank Account – If a statute provides for a thing to be done in a particular manner, then it has to be done in that manner alone and in no other manner failing which it would fall foul....
It is a well-settled salutary principle that if a statute provides for a thing to be done in a particular manner, then it has to be done in that manner and in no other manner.
Point of law: powers of judicial review are limited and while exercising such power the Court has to see whether the process adopted or decision made by the authority is malafideor is intended to fav....
The court affirmed that the Enforcement Directorate's actions under the PMLA were valid, emphasizing the importance of statutory compliance in search and seizure operations.
Point of Law : Whenever letters of request are received from any contracting states, the ED ought to follow due process, as per the domestic law, in line with the spirit of the Merida and the Palermo....
The main legal point established in the judgment is that the procedure for freezing bank accounts under the Unlawful Activities (Prevention) Act, 1967, specifically Section 25, is directory in nature....
The court upheld the validity of the debit freeze on the appellant's accounts, affirming that the funds were reasonably suspected to be proceeds of crime under PMLA.
The main legal point established in the judgment is the legality of freezing bank accounts under Section 102 Cr.P.C. and the applicability of this provision in the context of the case.
The freezing of the bank account under section 102 Cr.P.C. must be in compliance with the statutory requirements, and the intimation to the court must be made forthwith as required by the law.
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