IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
VINOD S. BHARDWAJ, J.
M/s. Balaji Infra Buildtech & Anr. – Petitioners
Versus
State of Punjab & Ors. – Respondents
CWP NO.10019 of 2023
Decided On : 28-07-2023
| Table of Content |
|---|
| 1. challenge against freezing of bank accounts due to alleged corruption. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10) |
| 2. arguments regarding the validity and necessity of freezing accounts. (Para 11 , 12 , 21 , 24) |
| 3. court observations on the appropriateness of freezing assets. (Para 14 , 16 , 17 , 22 , 23) |
| 4. interpretation of section 102 cr.p.c. on seizing accounts. (Para 18 , 19 , 20) |
| 5. conclusion allowing the writ petition and setting aside freezing orders. (Para 25 , 26) |
JUDGMENT
Vinod S. Bhardwaj, J. (Oral)
Challenge in the present petition is to the communication/order bearing Memo Nos. 67 & 68 dated 12.04.2023 whereby an order under Section 102 of the CRIMINAL PROCEDURE CODE , 1973 has been sent by the Vigilance Bureau, Punjab directing the Branch Manager of the HDFC Bank, Ward No.09, Chandigarh Road, Kurali, S.A.S Nagar, Mohali & Branch Manager, AXIS Bank, Kurali, SAS Nagar to freeze the Bank Accounts of the petitioner. The extract of the aforesaid communications reads thus:-
| S.No. | Account Holder | Account No. |
| 1. | Balaji Infra Buildtech | 50200037648489 |
| 2. | Ashu Goyal | 13711000008442 |
| 3. | Gaurav Gupta | 13711600001392 |
| S.No. | Account Holder | Account No. |
| 1. | Balaji Developers | 920020025419770 |
3. You are hereby requested to kindly freeze the above mentioned bank account and prohibit the account holder(s) from operating this account till any further directions of the concerned Hon'ble Court."
2. Briefly summarized, the facts of the case are that the petitioner firms which are duly registered with the Registrar of Firms vide Certificate of Registration bearing No.240 of 2019-2020 dated 16.04.2019 and No.2820 of 2021 dated 03.03.2021 have approached this Court challenging the above said communications. It is averred that Vigilance Enquiry No.01 dated 25.07.2022 culminated into case FIR No.18 dated 12.10.2022 for commission of offence under section 13 (2) of the Prevention of Corruption Act, 1988 as amended and for offences under Sections 420 , 465, 467, 468, 471 and 120B of the INDIAN PENAL CODE was registered at Police Station Vigilance Bureau Flying Squad-I, Punjab, at Mohali. The complainant in the said case happens to be one Assist
B.Kavitha v. Inspector of Police
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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.
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 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 is that the freezing of bank accounts under the Prevention of Corruption Act and Cr.P.C. is justified if there are direct links with the commission of the offence. Ad....
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