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SANJAY DHAR
KAISER AHMAD SHEIKH – Appellant
Versus
SHO P/S CRIME BRANCH KASHMIR – Respondent
JUDGMENT
1) By this common order, afore-titled two revision petitions filed against order dated 29.01.2022 passed by learned Special Judge, Anticorruption, Kashmir Srinagar, whereby applications of the petitioners for defreezing of their bank accounts have been declined, are proposed to be disposed of.
2) Petitioners Kaiser Ahmad Sheikh and Bashir Ahmad War happen to be the employees of Jammu and Kashmir Projects Construction Corporation (hereinafter referred to as JKPCC). Petitioner Ishrat Ara happen to be the wife of petitioner Kaiser Ahmad Sheikh whereas petitioner Neelofar Jan happens to be the wife of petitioner Bashir Ahmad War.
3) It appears that Crime Branch, Kashmir, was asked to enquire into all works executed or contracted out by JKPCC after issuance of Government Order No.308/201.5 dated 21-11-2015, so as to identify irregularities in award of contracts in violation of prescribed SOP/ procedure and take necessary action under law. It is submitted by the respondent that a Preliminary Enquiry vide No 51/2019 was registered and initiated. During the enquiry it was revealed that Officers/Officials of JKPCC unit 3rdSrinagar by abusing their official position with ulterior motiv
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.
Seizure of bank accounts and bank locker under Section 102 Cr.P.C is lawful if they have direct links with the alleged offence, and the transfer of seized property from one case to another can be jus....
Seizure of assets under S.102 CrPC requires compliance with statutory provisions and cannot be based solely on suspicion.
Power of Police Officer to seize property – Sub-section (3) of Section 102, Cr.P.C is directory in nature. Accused whose property is seized by police officer can file application to grant interim cus....
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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