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IN THE HIGH COURT OF KERALA AT ERNAKULAM
V.G. ARUN
Headstar Global Private Limited – Appellant
Versus
State of Kerala – Respondent
| Table of Content |
|---|
| 1. the factual background of the case and the parties involved. (Para 1 , 2) |
| 2. arguments presented by the appellant and the respondent regarding the freezing of bank accounts. (Para 3 , 4) |
| 3. court's analysis of the legal provisions regarding seizure and freezing of accounts. (Para 6 , 7 , 8 , 9) |
| 4. the court establishes the legal reasoning regarding the attachment of proceeds of crime. (Para 10 , 14) |
| 5. conclusion to quash the impugned order and lift the debit freeze. (Para 15) |
ORDER :
1. The petitioner, a private limited company engaged in the business of export/import of food grains, pulses, and sugar, is aggrieved by Annexure D order, rejecting its application to unfreeze the company's bank account.
2. The essential facts are as under:
M/s. Apple Middle East General Trading LLC, located in the United Arab Emirates, is engaged in the import and export of food grains and other food articles to the Middle East. The aforementioned company having got impleaded as a party to these proceedings through its Public Relations Manager, will hereafter be referred to as the 3rd respondent for convenience.
As part of its business, the 3rd respondent raised proforma invoice with Spezia
A police officer must establish a direct link to criminal activity before freezing a bank account, following due process under Section 107 of the BNSS.
The police must follow proper statutory procedures under Sections 102 and 107 of the Criminal Procedure Code and BNSS for freezing bank accounts, linking them directly to criminal activity.
Police can freeze bank accounts under Section 106 BNSS without prior notice, but only the amounts suspected of being linked to crimes, not entire balances; account holders must be informed post-seizu....
Seizure of assets under S.102 CrPC requires compliance with statutory provisions and cannot be based solely on suspicion.
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.
The court established that freezing a bank account in a cyber crime investigation must specify the amount involved and comply with procedural requirements; otherwise, such an action is illegal.
Term ‘forthwith’ only requires that the act should be performed with reasonable speed and any delay in the matter should be satisfactorily explained.
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