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IN THE HIGH COURT OF ORISSA AT CUTTACK
SANJEEB K.PANIGRAHI
Sairam Bharat Gas, Gajapati – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. petitioner seeks unfreezing of account. (Para 1 , 2 , 3) |
| 2. petitioner's contentions against account freeze. (Para 4 , 5) |
| 3. court examines merits of the case. (Para 6) |
| 4. court's decision on freezing procedure. (Para 7 , 8 , 9 , 10 , 11) |
| 5. final order and directives issued. (Para 12 , 13 , 14) |
JUDGMENT :
Sanjeeb K.Panigrahi, J.
1.In the present Writ Petition, the Petitioner seeks issuance of an appropriate writ directing Opposite Party No.6, namely State Bank of India, Paralakhemundi Branch, to forthwith de-freeze the Petitioner’s Current Account No.00000034083697729, which is stated to have been frozen without prior notice and without any lawful authority. The Petitioner further prays for a direction permitting operation of the said account, subject to lien, if any, over the specific amount duly identified in connection with any pending investigation, and to allow full and unrestricted operation of the remaining balance therein.
I. FACTUAL MATRIX OF THE CASE:
2. The Petitioner is a duly appointed LPG distributor operating under the name and style of M/s. Sairam Bharat Gas, engaged in the supply of domestic as well as commercial LPG cylinders to households and business
The freezing of a business account requires identification of the tainted amount to ensure proportionality, and blanket freezes violate constitutional protections against arbitrary state action.
The Investigating Officer lacks authority under Section 91 of Cr.P.C. to freeze a bank account absent compliance with Section 102, violating procedural requirements and the petitioner's rights.
Freezing an entire bank account without evidence linking the account holder to a crime violates the right to livelihood; only specific amounts should be frozen with proper justification.
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....
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....
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