Law permits freezing bank accounts linked to alleged crimes, but proper legal procedure including post-trial confiscation must be followed.

1. This criminal revision has been filed at the instance of the accused petitioner in Special G.R. Case No. 22 of 2021 pending in the court of learned Sessions Judge-cum-Special Judge, Malkangiri arising out of M.V.79 P.S. Case No. 09 of 2021, challenging the impugned order dated 18.01.2022 passed by the learned Sessions Judge-cum-Special Judge, Malkangiri in Misc. Case No. 01 of 2022 arising out of above noted Special G.R. Case. By virtue of the impugned order, learned Sessions Judge-cum-Special Judge, Malkangiri, while considering the application of the accused petitioner, which has been filed with a prayer for a direction to the Investigating Officer to reactivate the Bank account No. 6376457670 at Indian Bank, Rajamundir Branch and Bank account No. 98390100002370 at Rajamundir Branch has rejected such application.

2. The prosecution case, in gist, is that at about 2.00 A.M. on 31.01.2021, the informant found one Red coloured Tractor and trolly without registration and one motorcycle and one Red coloured Creta Car parked in a suspicious manner on the road leading to Shanti Nagar from M.V.-72. On search, the police party detected with contraband ganja measuring 1411 Kgs. were kept in such vehicles. It is further alleged that on seeing the police party, the accused persons fled away from the spot taking advantage of the darkness of the night. However, the police party could manage to apprehend six accused persons, namely, Gopal Ray, Bikram Mandal, Mahananda Haldar, Mohammed Gulrez, Surjit Singh and Rajesh Mandal. It is further alleged that the aforesaid contraband ganja was recovered from the exclusive and conscious possession of the above named accused persons. It is further alleged that in course of investigation, it was found that Bank accounts have been used in the alleged crime and further two numbers of Musk Deer were found in the house of the accused, which was subsequently seized by the police. Subsequently, the police has also arrested the accused Mrinal Mandal and accused Krishan Kanta Ballav. On search, the police recovered one VIVO 1818 Mobile Phone, one l-Tel 2163 Mobile phone and cash of Rs. 2,00,000/- (rupees two lakhs) from the possession of accused, namely, Krishan Kanta Ballav. It is further stated that on being asked, the said accused Krishan Kanta Ballav stated before the police that he was carrying the aforesaid cash amount for purchase of contraband ganja from the remote areas of Chitrakonda for sell in Andhra Pradesh. Accordingly, the said Krishan Kanta Ballav arrested for the alleged commission of offence under Sections 20 (b)(ii)(C)/25/27-A/29 of the N.D.P.S. Act.

3. Heard Mr. J.K. Panda, learned counsel appearing for the Petitioner and Mr. M.K. Mohanty, learned Additional Standing Counsel appearing for the State.

4. It is submitted by learned' counsel for the petitioner that during investigation of the case, the Bank account of the accused has been seized by the Investigating Officer bearing No. 98390100002370 Bank of Baroda and Account No. 6376457670 Bank of India both are kept at Rajmundir Branch. It is also alleged that the Hyundai Creta car bearing Registration No. AP-05-ES-4646 was also seized by the police in connection with the present case.

5. It is further submitted by learned counsel for the petitioner that so far as the Bank accounts which have been seized by the Investigating Officer are concerned, it is stated that the same have no nexus with the alleged crime. However, for reasons best known to the Investigating Officer, such Bank accounts have been freezed in connection with the present case. He further contends that the pe