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 justified.

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:-

b) and direct the complete defreeze State Bank of India account No.20069128592 which was partly allowed to the extent of withdrawal of pension amount in Crl.M.P.No.4003 of 2018.

c) to permit operation of the locker HH12 held in Oriental Bank of Commerce, Adayar Branch by petitioner and his wife.

3. The case of the petitioner is that he was working as Deputy Director General, CPWD and retired from service on 31.12.2016. On 10.03.2017, the respondent police searched his official residence at Besant Nagar and took an inventory of articles available and prepared inventory memo listing out the articles found at his residence. He also seized certain documents and articles enumerated in the search list. The documents included title deeds of the properties owned either by him or by his wife, insurance policies held in his name besides, certain cheques, mobile phone and keys relating to locker No.HH12 heldjointly by him and his wife in Oriental Bank of Commerce, Adyar. On 16.03.2017, respondent called him and his wife to the Oriental Bank of Commerce, Adyar branch for opening the locker No.HH12. They took a list of articles available in the locker and proceedings were drawn by the respondent in the presence of him, his wife and the Branch Manager of Oriental Bank of Commerce and other officials. Locker was then closed and keys were handed over to the Inspector of Police Smt.Bindhu. Respondent directed Branch Manager to maintain “status quo” with regard to operation of the locker. Respondent issued instruction to freeze his account and his wife held in the following Banks:-

4. Petitioner made a request to the Inspector on 17.08.2017 to defreeze his account, where his pension was getting credited in State Bank of India jointly held by him and his wife. The reminder was sent on 21.09.2017 to the Superintendent of Police, ACB. On 21.09.2017, he received reply stating that defreezing of bank accounts cannot be done from their end and it was advised that he may approach the concerned Court for defreezing the bank accounts. Final report was filed under Sections 120-B IPC7, 11, 12, 13 (2), r/w. 13 (1) (d) of the Prevention of Corruption Act, 1988. The amounts lying in the bank accounts have nothing to do with the alleged offence in the charge sheet. The allegation is that petitioner received cheque from the accused and then credited into his account