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VINOD S. BHARDWAJ
Balaji Infra Buildtech – Appellant
Versus
State of Punjab – Respondent
| 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:-
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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