SANJAY DHAR
Ruqaya Akhter – Appellant
Versus
UT Through Crime Branch – Respondent
JUDGMENT
The petitioner has challenged order dated 24.03.2022 passed by Special Judge, Anti-Corruption, Kashmir, Srinagar, whereby application of the petitioner for defreezing of her bank account has been partly allowed and she has been permitted to operate salary transactions from her account but at the same time the amount that stood to the credit of her bank account on the date of freezing of her account has been allowed to remain frozen.
2. It appears that a preliminary verification was conducted by the respondent relating to fake recruitment orders in respect of 33 candidates as Junior Assistants and Orderlies in the office of Advocate General, Srinagar. After conducting the preliminary verification, the respondent registered FIR No.56/2021 for offences under Section 13(D) of Prevention of Corruption Act read with Sections 420, 467, 468, 471, 120-B of IPC and 66 IT Act and started investigation of the case. During the investigation of the case, the bank statement of account pertaining to main accused Mohammad Yaqoob Bhat was obtained which revealed that an amount of Rs.1.00 crore has been credited into his bank account with effect from 01.01.2018 to 20.07.2021 out of which
The court established that a bank account can be frozen under suspicion of criminal activity, and failure to report the freeze to the Magistrate does not invalidate the action.
Right to property is still a constitutional right under Article 300-A of the Constitution of India though not a fundamental right and the deprivation of the right can only be in accordance with the p....
Term ‘forthwith’ only requires that the act should be performed with reasonable speed and any delay in the matter should be satisfactorily explained.
The main legal point established in the judgment is the requirement to follow the procedure laid down under Sec. 102 Cr.P.C and the need for sufficient evidence to support the freezing of a bank acco....
The freezing of bank accounts under Section 102 Cr.P.C. is valid despite the existence of specific provisions in the Criminal Law Amendment Act, and failure to report the seizure does not invalidate ....
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....
Seizure of assets under S.102 CrPC requires compliance with statutory provisions and cannot be based solely on suspicion.
(1) De-freezing of Bank accounts – Validity of power exercised under Section 102(1) Cr.P.C. is not dependent on compliance with duty prescribed on police officer under Section 102(3) Cr.P.C. – Validi....
The court affirmed that freezing bank accounts under Section 102 Cr.P.C. is valid, and failure to report the seizure does not invalidate the action, distinguishing between seizure and attachment unde....
The main legal point established in the judgment is that when an alternative statutory remedy is available, a writ petition may not be maintainable. The court emphasized the importance of seeking app....
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