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ORISSA HIGH COURT
M/S SAIRAM BHARAT GAS GAJAPATI – Appellant
Versus
UNION OF INDIA – Respondent
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 establishments throughout Gajapati District, Odisha. The distributorship functions under the aegis of Bharat Petroleum Corporation Limited and is stated to be carrying on business in accordance with the terms and conditions governing such appointment. The Petitioner’s establishment is duly registered under the
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....
Un-freezing of account - Notice quashed - Unless and until there is a strong suspicion against the petitioners, police would not be justified in freezing account belonging to petitioners. For, such f....
The freezing of the bank account under section 102 Cr.P.C. must be in compliance with the statutory requirements, and the intimation to the court must be made forthwith as required by the law.
The central legal point established in the judgment is that the freezing of a bank account under Section 102 of Cr.P.C requires the fulfillment of pre-conditions, including a reasonable suspicion of ....
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