S.No.
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G. CHANDRASEKHARAN
R. Sampath – Appellant
Versus
State Represented by Inspector of Police, CBI / ACB / Chennai – Respondent
JUDGMENT
(Prayer: Criminal Revision Petition is filed under Section 397 r/w 401 of Code of Criminal Procedure, to set aside the order passed in Crl.M.P.No.3298 of 2021 in C.C.No.7 of 2021 dated 24.09.2021 by the learned XIV Additional Special Judge for CBI Cases, Chennai, and direct defreezing of accounts, return of properties.)
1. This Criminal Revision case is filed against the order passed in Crl.M.P.No.3298 of 2021 in C.C.No.7 of 2021 on the file of the learned XIV Additional Special Judge for CBI cases, Chennai.
2. Crl.M.P.No.3298 of 2021 was filed under Section 451 of Cr.P.C for the following reliefs:-
a) To direct defreezing of the following accounts:-
| S.No. | Bank Name | A/C.No. | Held By |
|---|---|---|---|
| 1. | ICICI Bank | 648801503814 | Self |
| 2. | ICICI Bank | 603301111209 | Wife |
| 3. | HSBC | 042-739839-006 | Self |
| 4. | HSBC | 042-738310-006 | Wife |
| 5. | Oriental Bank of Commerce | 08912010005370 | Self & Wife |
| 6. | Oriental Bank of Commerce | 08912010003530 | Wife & Self |
| 7. | Oriental Bank of Commerce | 08912191004168 | S.Suraj & Self |
b) and direct the complete defreeze State Bank of India account No.20069128592 which was partly allowed to the extent
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....
Taxation - De-freezing of accounts - Illegal gratification/kickbacks in bank account - Amount which does not relate to impugned transaction alongwith interest accrued thereon be directed to be releas....
Seizure of assets under S.102 CrPC requires compliance with statutory provisions and cannot be based solely on suspicion.
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.
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....
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