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IN THE HIGH COURT OF ORISSA AT CUTTACK
A.K.MOHAPATRA
K. Sukhjit Singh – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. factual background of the case. (Para 1 , 2) |
| 2. arguments regarding the freezing of bank accounts. (Para 3 , 4 , 5 , 6) |
| 3. court’s directive for resolution of account status. (Para 7 , 14 , 15) |
| 4. analysis of power to freeze accounts under law. (Para 8 , 9 , 10 , 11 , 12 , 13) |
| 5. final order disposing of the revision. (Para 16) |
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
Law permits freezing bank accounts linked to alleged crimes, but proper legal procedure including post-trial confiscation must be followed.
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.
Acquittal from drug charges leads to mandatory release of seized properties under Section 68Z(2) of the NDPS Act.
The main legal point established in the judgment is that the procedure for freezing bank accounts under the Unlawful Activities (Prevention) Act, 1967, specifically Section 25, is directory in nature....
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 requirement to follow the procedure laid down under Sec. 102 Cr.P.C and the need for sufficient evidence to support the freezing of a bank acco....
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....
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.
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