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P. B. BAJANTHRI, RAMESH CHAND MALVIYA
Mohan Kumar @ Shiv Mohan Rai – Appellant
Versus
State of Bihar – Respondent
P. B. Bajanthri, J.—In the instant petition petitioners have prayed for the following reliefs:—
“i. For issuance of writ/s, order/s, direction/s in the nature of Mandamus, commanding the respondents to immediately deseal the petitioner’s saving bank account in State Bank of India, Patliputra, Branch bearing AC No. 20008897434 and 32525345919 in the name of Mohan Kumar @ Shiv Mohan Rai (Petitioner No. 1) and Lal Mohan Kumar (Petitioner No. 2) respectively which has been seized/sealed in connection with Patliputra PS Case No. 322 of 2022 dated 06.06.2022 instituted for the offence under Section 30(a)/41(i)/37 of the Bihar Prohibition and Excise Act 2016 without initiating any confiscation proceeding as well as in teeth of provision of Bihar Prohibition and Excise Act, 2016.
ii. For further issuance of direction to pay a suitable compensation to the petitioners because the Bank account of the petitioner has been illegally seized/sealed by the police and bank officials in teeth of Bihar Prohibition and Excise Act, 2016.
iii. For further any other relief/s, order/s, direction/s may deem fit and proper in the facts and circumstances of this case.
2. On 06.06.2022, an FIR has been filed in Pa
The court held that freezing a bank account without evidence of proceeds of crime is illegal, and a writ can be maintained to challenge unauthorized actions by authorities.
The central legal point established in the judgment is that the freezing of a bank account under Section 102 of Cr.P.C requires the fulfillment of pre-conditions, including a reasonable suspicion of ....
Compliance with legal provisions, such as Section 91 Cr.P.C., Section 102 Cr.P.C., and Section 14(1) of the Gangsters Act, is essential before freezing a bank account.
Writ petitions challenging bank account freezing under Section 106 BNSS not maintainable; approach Magistrate under Section 503 BNSS.
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